MINUTES

BOARD OF SELECTMEN MEETING

Tuesday, January 29, 2008

 

 

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

 

The meeting was called to order at 7:06 p.m.

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APPROVAL OF MINUTES OF JANUARY 8, 2008 AND JANUARY 15, 2008

 

Selectman Powell asked that this item be held until the meeting of January 29, 2008

 

APPROVAL OF BANNER REQUEST

 

VOTED: (Powell/Heitin) Voted unanimously to approve the banner request for the Alternative School for the spring Auction Fundraiser for April 9 – April 16, 2008 (2nd position)

 

APPROVAL OF BANNER REQUEST

 

VOTED: (Powell/Heitin) Voted unanimously to approve the banner request of the Sharon Garden Club for the Annual Plant Sale May 9 – May 19, 2008 (1st position)

 

APPROVAL OF BANNER REQUEST

 

VOTED: (Powell/Heitin) Voted unanimously to approve the banner request of the Veteran’s Agent for the Memorial Day Celebration from May 19 – May 24, 2008 (1st position) and May 25 – May 30, 2008 (2nd position)

 

APPROVAL OF BANNER REQUEST

 

VOTED: (Powell/Heitin) Voted unanimously to approve the banner request of the Veteran’s Agent for the Flag Day Celebration June 4, - June 16, 2008 (1st position)

 

SUPPLEMENTAL AGENDA

 

OPEN MEETING LAW RESPONSE

 

Chairman Roach stated that the Board had received a letter from the Norfolk County District Attorney’s office regarding the violation of the open meeting law.  He said that the District Attorney’s office had found that the closed session regarding the Brickstone Development were significant violations of the open meeting law.

 

Selectman Heitin said that through the long debated process the Selectmen strived to keep the process open with over 50 open meetings of the Board and Committees.  He said that for the first time ever information including draft agreements was posted on the Town’s website.  In addition, he noted that members of the Conservation Commission, Finance Committee and other groups were invited into Executive Session to participate in the process.  In the future on a going forward basis he would like to spend time and revisit this issue with the District Attorney’s office on how best to handle these types of situations.  He doesn’t see how it is possible to discuss negotiation strategies without utilizing Executive Session.  He pointed out that by discussing this in public you give away all of your cards.  Therefore, he is seeking additional clarification from the District Attorney’s Office on how best to handle these types of situations. 

 

Selectman Powell said that he agrees with Selectman Heitin. He too was very comfortable throughout the process that it was open and that the Board sought citizen input.  He stated that he is surprised by the decision but respects the District Attorney and staff.  He too believes that he needs clarification on how to protect the Town in the future during the negotiation process.

 

Chairman Roach agreed with both Selectmen Heitin and Powell.  He also questioned how you can develop negotiation strategies and tools in public session as it gives the developer knowledge of the Town’s strategy. 

He would like to meet with Assistant District Attorney Cusick.  He said that the Board will work with the District Attorney’s office in the future to ensure that this doesn’t reoccur.

 

Selectman Heitin also noted that this decision doesn’t invalidate in any way the two votes that Town Meeting took regarding the rezoning for the Brickstone project.

 

VOTED: (Heitin/Powell) Voted unanimously to recess until 7:30 p.m.

 

The Board recessed at 7:20 p.m.

 

The Board resumed Regular Session at 7:30 p.m.

 

CONSERVATION COMMITTEE ACQUISTION UPDATE

 

Conservation Committee Chair Peg Arguimbau and Conservation Agent Greg Meister explained that they were coming before the Board to discuss three parcels.  The first parcel was the 40 acre Piona property located between Clarke Court and Lee Road in the Heights Area and abutting the Cedar Swamp.  It was reported that almost all of the property is wetlands but some of it is possibly buildable.  The only way it could be built on is if a wetlands crossing was approved.  The owner is willing to sell the entire parcel to the Conservation Commission at the assessed value of $260,000.  Ms. Arguimbau said she currently has a donation of $25,000 to put towards the purchase and is planning on coming before the Capital Outlay Committee to discuss funding for the property at the May 2008 Town Meeting.  The Piona parcel abuts land that the commission owns.  She said that the project has not been submitted to the Community Preservation Committee as of yet and most likely will not be.

 

The second parcel discussed was the 20 acre Camp Gannett property.  The Conservation Commission is discussing with the owners of the property placing a conservation restriction on the parcel so it could be used as a camp in perpetuity.  Current owner Elizabeth Peabody would continue to run the property as a camp or could sell the parcel to an entity that would maintain the camp.  Ms. Arguimbau said that the owner is currently obtaining an appraisal and she doesn’t expect this to come to Town Meeting until Fall 2008.  Chairman Roach asked that a clause he put in the agreement that if the parcel is to be sold that the Town would have the first right of refusal.  Ms.Arguimbau said she would raise that issue.  Selectman Heitin mentioned that Ms. Arguimbau had made a statement earlier in her presentation regarding the potential use of the property for town related recreation.  He asked that Ms. Arguimbau contact the Recreation Advisory Committee regarding that possibility.  The Board also felt that payment over time would be preferable to a one-time payment.  Conservation Agent Meister added that though the parcel looks as if eight Form A lots would fit on the property that percolation tests need to be done to see if it is possible.

 

The final item Ms. Arguimbau and Mr. Meister wanted to discuss with the Board is the transfer of management and control of a parcel of land off Winslow Road formerly controlled by the Board of Selectmen/Sharon Housing Authority. The land was originally slated as a home for affordable housing but the land was not deemed suitable because of the results of the percolations tests.  Ms. Arguimbau said she had met with Jane Desberg of the Sharon Housing Authority regarding the land transfer and that Ms. Desberg would be discussing this with her Board.  There is no money involved in this transaction only the transference of land. Selectman Powell asked that clarification be sought regarding the possibility of the land being used as replacement land for Article 97 purposes and future potential land exchange. Ms. Arguimbau hopes that this item will be voted on at the May 2008 Town Meeting. 

 

VOTED: (Powell/Heitin) Voted unanimously to enter into Executive Session for a personnel matter and collective bargaining and at the end thereof return to Regular Session.

 

The Board adjourned to Executive Session at 7:56 p.m.

 

Roach: Aye

Powell: Aye

Heitin: Aye