MINUTES

BOARD OF SELECTMEN MEETING

Tuesday, August 7, 2007

The Regular meeting of the Board of Selectmen was held at 7:30 pm in the Sharon Town Offices with Chair Walter Joe Roach, Selectmen William A. Heitin, Selectman Richard A. Powell, and Town Administrator Benjamin E. Puritz 

The meeting was called to order at 7:42 p.m.

HEARING FOR INSTALLATION OF UNDERGROUND GASOLINE TANK FOR LEXUS DEALERSHIP

Chairman Roach introduced Attorney Joel Fishman who is representing Lexus.  Attorney Fishman stated that under Ch. 148 of the Massachusetts General Laws the Town is required to notify all abutters both in Sharon and Walpole of the hearing – this was done.  He also introduced Luis Diaz of Commonwealth Tank the company that has been hired by Lexus to install the tank.  Attorney Fishman further explained that the Fire Department had improved the installation of the tank and that he was going before the Board of Health on August 27, 2007 for their approval.  There is an electrical inspection requirement that must be addressed prior to the approval by the Board of Selectmen.  Mr. Diaz from Commonwealth Tank explained that the tank is constructed in two layers with fiberglass on the outside.  In addition: the tank holds 8,000 gallons of gasoline, contains leak detection equipment with an alarm located on the secondary containment section, has the capability of vapor recovery, and requires those seeking access to the tank  to have a key and code.  The Board reviewed the site plan and noted that the tank is located in the left rear behind the building.

Chairman Roach explained that the plumbing inspector had approved the tank but that the approval of the electrical inspector was still needed.  Therefore, he would recommend that the hearing be continued for two weeks.  Selectman Powell asked about Fire Safety and Mr. Diaz responded that there will be a 50 pound fire extinguisher next to the tank. There were no questions from anyone in the audience.

VOTED: (Roach/Powell) Voted unanimously to keep the hearing open for two weeks until the meeting of August 21, 2007

UPDATE AFFORD HOUSING TURST – MELISSA MILLS

Ms. Mills reported that she had attended the Housing Partnership Meeting - gathered information and submitted to the Community Preservation Committee (CPC) a synopsis of why the trust was looking for funds and what the funds would be used for.   She was wondering when the monies from Brickstone would be available and was interested in learning about additional funding opportunities.  She also asked if the Town could tap developers who have not yet finalized their projects.  She reported that she had attended the Community Preservation Committee June 21^st Planning Meeting and stated that Jennifer Goldson, the CPC Consultant is interested in meeting with the Trust and the Affordable Housing Commission as well. 

Town Administrator Puritz said that he had spoken to Brickstone about trying to coordinate the timing of fee payments as the Town is in the process of working on the affordable housing program.  Selectman Powell asked Eli Hauser, Planning Board Chair and Economic Development Chair, who was in attendance about Inclusionary Zoning.  Mr. Hauser explained if all of the potential lots in Town were built it would total somewhere between 250 – 400 houses.  The issue then becomes that 10% of these need to be affordable.  Selectman Heitin added that this number is in addition to Brickstone, Avalon Bay, Hunters Ridge etc…. 

It was stated that the Trust has submitted an application to the Community Preservation Commission for $100,000.

Selectman Powell serves as the Chairman of the Housing Affordable Trust and it was decided that the Trust will meet jointly with the Selectmen on September 11, 2007 at 7:30 p.m.

UPDATE ECONOMIC DEVELOPMENT COMMITTEE – ELI HAUSER

Planning Board Chair and Economic Development Chair Eli Hauser came before the Board for an update about the Economic Development Committee (EDC).  Chair Hauser reported that the EDC has lost no members over the last 15 months and has recently added Nancy Fyler.  The Committee was very active and helped facilitate both the Sharon Commons and Sharon Hills outreach efforts to educate the community about the projects. 

Robert Maidman is leading the Economic Development Study for the Post Office Square area and Board of Health member Suzi Peck is helping to lay the groundwork for the Wastewater Treatment Facility study scope.  The challenge is to find the funding.  The Brickstone agreement earmarks $200,000 for the Economic Development studies.  However, the funding will not be released until Brickstone receives permits for the project.  The EDC is seeking funding to pay for the consultants.

Mr. Hauser also discussed the benefits of 43D which was recently passed by the legislature.  Should the Town vote to accept 43D at Town Meeting then the Town could apply for a $150K grant which could be used for the Economic Development Study.

43D would commit the Town to the following:

· Parcel needs to be a minimum of 50,000 square feet.  Post Office Square is much larger.

· A 180 day review cycle with a single point of contact (POC).  The Town already has a 110 day cycle and Town Administrator Puritz would serve as the POC.  The state waives certain procurement rules in order to allow the Town expedite the turnaround time.

INSURANCE RENEWAL UPDATE – RICH WEINER

Mr. Weiner of Weiner Insurance explained that maintaining the Town’s premiums has been a challenge this year because in the last 5 years the Town has had $1,400,000 in property losses because of the Community Center ceiling collapse, water damage at the Public Library, and a fire at the Middle School.  The cost of property coverage has increased from $131,758, in FY’07 to $183,511 in FY08.  In order to compensate for this increase the deductible was raised from $10,000 to $50,000 per occurrence.  Mr. Weiner pointed out that in the prior 5 years there were only two incidents with losses greater than $10,000 and that if the Town has good experience in the next few years perhaps the deductible can be lowered.  Mr. Weiner also noted that the Horizons for Youth property is not in the FY’08 budget as the premium was provided for out of the FY’07 budget for June ‘07 – June ‘08 period.  Selectman Heitin explained that any group that uses the property is required to have private insurance.  He also pointed out that once the Wilber School is sold that the premiums will be decreased by $11,000.

MEDICAL RESERVE CORPS – Sheila Miller

Town Nurse Sheila Miler explained that the Town’s Medical Reserve Corps is a federal program that began in 2002 to strengthen communities by establishing a system for medical and public health volunteers to offer their assistance and expertise to existing medical and emergency service providers during time of community need.  There are currently 82 members of the Corps.  The Corps currently needs clerical help as there is a 3:1 ratio for clerical help to nurses.  The group meets every third Thursday of the month at the Hixson Farm Clubhouse.  She asked that Chairman Roach sign the memorandum of agreement.

VOTED: (Powell/Heitin) Voted unanimously to authorize the Chair to sign the memorandum of agreement

MANNS POND DAM CONTRACT –

SUPERINTENDENT OF PUBLIC WORKS – ERIC HOOPER

Department of Public Works Superintendent Hooper explained that there had been leaks under the spillway at the Mann’s Pond Dam.  Town Meeting had approved funds to fix the problem.   The cost is $40,500 to GZA for the work as stated below and $244,500 for the repairs. 

Peter Baril of GeoEnvironmental, Inc. (GZA) was in attendance and explained that the state has rated the condition of the dam as “poor”.  After the failure of the Taunton dam the state now requires registration and inspection of all dams.  Once there is a problem Towns are mandated to engage engineers to develop an Action Plan for repair. Potentially fines can be levied for Towns that do not comply.  The key deficiency of the Mann’s Pond Dam, as determined by the 2006 inspection was seepage through the stone masonry and training walls which causes lowering of the pond below normal pool elevation during the low flow summer months.   If awarded the bid GZA’s project objectives will be: phased/prioritized approach to repairs, conduct subsurface exploration to obtain data on soil and seepage through dam, develop design drawing and specifications (bid documents) for repairs to the stone masonry of the Primary Spillway and associated training wells, obtain information for future embankment repairs for subsequent stability, toe drain, etc..   Chairman Roach said that there is a gaping hole in the wall and he believes a lot of the seepage is through that area.  The Town has tried to fill the hole – but that nothing has stood up.  Mr. Baril said that this should address that issue and that remediation should last for multiple decades.  Superintendent Hooper added that the repairs are for the spillway only.  Mr. Baril added that once the work is complete the dam should be removed from the “poor” category.  It was also pointed out that the Governor vetoed the $75,000 in the state budget earmarked for this project in the state budget so we are not guaranteed the state funding.  GZA’s work should take approximately 8 – 12 weeks

VOTED: (Roach/Powell) Voted unanimously to enter into agreement with GZA of Norwood for $40,500 for dam repair, design and specification services.

REFUSE/RECYCLABLES CONTRACT – ERIC HOOPER

Chairman Roach explained that at its last meeting two weeks ago after discussing this issue the Selectmen had asked Superintendent Hooper to relook at the increase to Town residents for trash removal.  Superintendent Hooper gave a brief history of the trash bid and the discussions he has had with the Selectmen at prior meetings.  He is recommending to the Selectmen a quarterly price of $53.25 for three years for trash removal and recycling.  He said that the money that normally goes to the recycling fund will be used to keep the amount of the quarterly payment down. 

Superintendent Hooper further explained that the Town sets the rate and for that reason it is not mandatory that the Town have a fixed three year rate.  Chairman Roach said he is in favor of the $53.25 rate.  Selectmen Powell asked what would happen if at some point during the three years the Town switched to a tote based system.  Superintendent Hooper explained that everyone in Town would receive at 65 gallon tote and the cost would be approximately $50.00 per quarter.  The other option is for individual homes to be offered different sized totes with different prices. 

Superintendent Hooper explained that after the first year of the contract the Recycling Revolving Fund will not be fully replenished utilizing the $53.25 rate.  The Recycling Revolving Fund money is funding the costs associated with:

· Hazardous Waste Day ($20,000)

· cost of Farnham Road

· beautifications and plantings throughout the Town.

The Board of Health administrates a program for people who cannot afford the cost of trash removal.  However, the program has very stringent criteria that is not based just on income but includes other assets.  Town Administrator Puritz explained that the Board of Health can change qualifying criteria should they choose. 

VOTED: (Heitin/Powell) Voted unanimously to assign a cost of $53.25/quarter over the three year duration of the trash removal and recycling contract with the ability to review on an annual basis.

PLACEMENT OF STOP SIGN ON STONE STREET/TOLMAN STREET

Superintendent Hooper explained there was a bicycle/automobile accident at the corner of Stone and Tolman Streets.  He recommends placing a stop sign on Stone Street at the corner of Tolman Street. 

VOTED: (Powell/Heitin) Voted unanimously to amend Schedule 4 of the Traffic Rules and Orders to install a stop sign on Stone Street at the intersection of Stone Street and Tolman Street. The sign will face west towards Stone Street.

Selectman Heitin added that the Board had reviewed the Police Department report as part of the decision making process as it relates to the issue above.

ROADWAY IMPROVEMENTS ACCESS TO SHARON COMMONS

In attendance: Michael Intoccia of Intoccia Construction, Attorney Robert Shelmerdine, Ken Caputo, Project Manger for Sharon Commons Lifestyle Village.

Under the Town zoning laws Intoccia Construction is required to obtain approval for improvements for access to the project.  It was explained that the access to Sharon Hills is only through Old Post Road and a cul-de-sac will be built on Laurel Road to prohibit access.  There will be an emergency access roadway built which will be gated to prevent cut-through traffic.  In addition to the roadway there will be a six foot shoulders for bicycle access and a sidewalk on one side to allow for pedestrian access.  They have met with the Laurel Road neighbors who asked that the developer assist in maintaining privacy.  For this reason the elevation of the road will be four feet below Laurel Road.  The developer was able to accomplish this by developing a berm which will have solid decorative fencing as a visual and a sound barrier.  Mr. Caputo said that signage will be reviewed with the Department of Public Works.  Selectman Heitin explained that the Selectmen have received a memo from Town Engineer Peter O’Cain stating that the plan submitted by Sharon Commons meets conceptual level standards for basic roadway layout.  It was also pointed out that the two homes that currently use Old Post Road as an access road will use Laurel Road as an access road following the improvements. 

VOTED: (Heitin/Powell) Voted unanimously to approve the conceptual traffic plan for Sharon Commons.

Engineer Ken Caputo explained that Sharon Commons would like to file the Notice of Intent regarding work planned for the roadway near the bog.  They need to file with the Conservation Commission and because the Selectmen are the Road Commissioners they need to approve the Notice of Intent.

VOTED: (Heitin/Powell) Voted unanimously that subject to the approval of Town Counsel to authorize the Town Administrator to sign on behalf of the Board the Notice of Intent as presented this evening.

APPROVAL OF MINUTES

VOTED: (Powell/Roach) Chairman Roach and Selectman Powell voted to approve the Regular Session Minutes and Executive Session Minutes of June 26, 2007. (Selectman Heitin was not in attendance at the meeting of June 26, 2007

VOTED: (Powell/Heitin) Voted unanimously to approve the Regular Session Minutes of July 24, 2007.

FIELD PERMIT PROCESS

Chairman Roach asked that the Board defer action regarding this matter until the next meeting on August 21, 2007

REAPPOINTMENT PROCESS

Chairman Roach said that it was decided two or three years ago to interview everyone who was being reappointed to a Committee as well as individuals who were interested in serving on Committees.  He proposed an alternative whereby the Selectmen would send a letter to Committee Chairs asking if they believe there are members of their respective Committees who either do not want to be reappointed or who do not participate on the Committee.  Selectman Powell said that he believes by interviewing the members that the Selectmen have the opportunity to learn more about the activities on the Committees.  However, he recognizes that the interviews are very cumbersome and would like to think about the issue.   Chairman Roach said the Selectmen in the past began interviewing in the fall and made the appointments in January with terms ending at the end of December. 

“MASS RECYCLES PAPER” RESOLUTION

Selectman Heitin read the proclamation. 

VOTED: (Powell/Heitin) Voted unanimously to adopt the resolution as read.

OTHER

      Selectman Heitin said that he had attended a meeting of the Youth Sports Coalition in support of the Recreation Advisory Committee discussing a forthcoming proposal for redevelopment of the landfill for fields.  The funding would be substantially private  

Chairman Roach proposed an Article for Town Meeting that would name the Community Center Ballroom for former Recreation Director David I. Clifton.  Selectman Powell noted that at the last Town Meeting this was brought up as a potential option in terms of recognizing Mr. Clifton.

Town Administrator reviewed with the Board the progress of the Finance Director search.  He stated that there were three nights of interviews, August 6, August 8, and August 14 and five candidates would be interviewed each night.  He expects that the Finance Director Screening Committee will refer approximately three finalists to the Selectmen in early September.

Town Administrator Puritz also noted the passing of Ilse Marks wife of Charlie Marks and a woman who made a contribution through her work of the Stoughton Food Pantry, League of Women Voters and other organizations. .

VOTED: (Powell/Heitin) Voted unanimously to enter into Executive Session to discuss personnel matters, collective bargaining, real property, pending litigation, and at the conclusion thereof to reconvene in open session.  The Board adjourned to Executive Session at 10:28 p.m.

Roach: AYE

Powell: AYE

Heitin: AYE