MINUTES
BOARD OF SELECTMEN MEETING
Amended -
The regular meeting of the Board
of Selectmen meeting was held at 6:00 p.m. in the Sharon High School Library (amended on July 10, 2007, to reflect the
fact that the meeting was held in the Auditorium as posted) with Chair
William A. Heitin, Selectman Walter Joe Roach, Selectmen Richard Powell, Town
Administrator Benjamin E. Puritz, Town Counsel Richard Gelerman and his
Associate Cindy Amara.
The meeting was called to order at 6:22 p.m.
Development Agreement – Review with Town Counsel and resign
Execution Copy
Attorney Gelerman asked the Board to sign a second execution copy of the Development
Agreement with Brickstone in order to create a master copy of the Development Agreement that
includes the signatures of all of the parties. He noted that signatures on the copy of the Development Agreement signed on May 2, 2007 were on different though identical copies of the Development Agreement.
Attorney Gelerman also reviewed specifics of the Development Agreement with the Board. He noted that inspection fees would be two times the Town’s rate in order to enable the Town to hire an outside consultant to assist the Town’s Building Department. The agreement also will provide for the Town: $6 million for water mitigation, $1,882,000 for affordable housing, $650,000 for fire apparatus or personnel and $775,000 in other mitigation items. In addition, the 252 acres being deeded by Brickstone to the Conservation Commission has a value of approximately $17 million and the 3 acres for the Fire Sub-Station has a value of approximately $2 million. The total value of mitigation items and the land donation is approximately $28 million.
Attorney Gelerman also affirmed with the Board their understanding of the portions of the development agreement relating to blasting and abutter water quality mitigation. He also spoke as to the enforceability of the Agreement and noted that the project is subject to site plan review.
At the conclusion of this discussion, he asked the Board of authorize the Chairman to sign a copy of the same agreement that was signed at the meeting of May 2, 2007.
VOTED: (Powell/Roach) Voted unanimously to reaffirm the vote taken on May 2, 2007 to authorize Chairman Heitin to sign a second copy of the Development Agreement with Brickstone on behalf of the Board.
Attorney Gelerman also reviewed with the Board a letter received from Brickstone on May 3, 2007 that complies with a provision in the Development Agreement. The letter states that Brickstone LLC acknowledges to the Board of Selectmen that it is an ongoing concern.
Attorney Gelerman also reviewed with the Board the document titled, “Notice of Development Agreement” which has been filed at the Registry of Deeds. He explained the purpose of the document ensures that if an individual or entity tries to purchase the land that there is notice that there is an agreement in the Registry of Deeds.
Attorney Gelerman also reviewed with the Selectmen the document titled, “Release of Notice of Development Agreement”. As explained by Town Counsel this document is a mechanism for termination of the Development Agreement if same has not been consummated for any reason on or before May 1, 2075 or pursuant to the provision of Section 11.10 of the Development Agreement. The Board authorized as recommended by Town Counsel that the Chair sign the document on behalf of the Board.
Attorney Gelerman also informed the Board that John Kusmiersky has received a Management Certificate on behalf of Brickstone and has the full authority to sign the development information.
Rezoning Information mailer follow-up discussion
Town Administrator Ben Puritz advised the Board that the informational pamphlet about the Brickstone/Sharon Hills Development that was discussed at the May 1, 2007 meeting was mailed to each Sharon household on Friday May 4, 2007. He explained that the informational pamphlet was handled at an administrative level and contained the items that were discussed at the prior meeting including: Frequently Asked Questions and Key Facts.
Approve Executive Minutes of April 17
and April 24, 2007
Chairman Heitin asked that this item be held until the meeting of May 16, 2007 as he has not had a chance to review them in full.
Other Business
Selectmen Powell brought up the fact that the Board had not taken a position on Warrant Article 4 and Warrant Article 5 at prior meetings. He moved to support Article 4 amending the Article by removing the following language from paragraph 3, “and all supporting documents upon which the proponent intends to rely in support of the proposed Zoning Bylaw amendments” He stated that he believes the language to be unnecessary.
VOTED: (Powell/Roach) Voted unanimously to support Article 4 with the following language removed: “and all supporting documents upon which the proponent intends to rely in support of the proposed Zoning Bylaw amendments”.
The Board also hadn’t taken a position on Article 5. They decided to take an affirmative position.
VOTED: (Powell/Roach) Voted unanimously to support Article 5.
Town Administrator Puritz apprised the Board that Town Treasurer Rob Uyttebroek has accepted the position of Finance Director in Narragansett, Rhode Island. His last day will be Friday May 25, 2007. Chairman Heitin asked the Town Administrator if by statue the Town needs to have a Town Treasurer. Town Administrator Puritz stated that he believes this to be the case. However, he will research the issue and report to the Board at its next meeting.
VOTED: (Roach/Powell) Voted unanimously to adjourn for the evening to attend Town Meeting.
The Board of Selectmen adjourned at 6:35 P.M.