MINUTES

     BOARD OF SELECTMEN MEETING

       Tuesday June 24, 2008

       7:00 p.m.

 

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

 

The meeting was called to order at 7:08 p.m.

 

APPROVAL OF ONE-DAY LIQUOR LICENSE

 

Jane Desberg appeared before the Board seeking approval for a one-day liquor license at the Community Center for Monday June 30, 2008 from 6:00pm – 9:00pm.

 

VOTED:  (Heitin/Roach) Voted unanimously to approve a 1-day liquor license for the rotary Club for June 30, 2008 from 6:00pm – 9:00pm

 

APPROVAL OF SOLAR ENERGY CHALLENGE and ENERGY FAIR

 

Silas Fyler of the Energy Advisory Committee explained that the Community Solar Challenge is being organized by the Clean Energy Choice Program which is sponsored by the Massachusetts Technology Collaborative (MTC) the state’s development agency for renewable energy.

 

He explained that if 150 Sharon residents donate $100.00 (one-time donation) or $5.00 per month over 12 months for a cumulative total of $15,000.00 a matching deposit will be made into the Clean Energy Account for the Town’s use.  The Selectmen need to authorize the $10,000 and the matching deposit by the MTC for $15,000 will allow for the purchase of a 2kW Solar Panel which has a value of $25,000.  If 300 residents make a donation the Solar Panel is increased to a 4kW system.  The donation period is from July 1, 2008 to April 30, 2009.  He further explained that the program has been in existence for two years and that 100 towns are participating. He said that in order to publicize the program the MTC offers printing resources.   Mr. Fyler said that in order to take part in the program the Selectmen need to take a formal vote and appoint a representative. 

 

Mr. Fyler presented to the Selectmen a proposal for an Energy Fair to be held on Sunday September 21, 2008 from 10am – 3pm at the Sharon Community Center.  He requested that the Selectmen waive the rental and janitorial fees.  He said the goal of the fair is to give homeowners the education and tools to lower their energy and water use.  The fair will encompass four categories:  Efficiency, Alternatives, Education and Outreach.  He said that he will try to find private support to cover the rental and janitorial fees.

 

VOTED:  (Heitin/Roach) Voted unanimously to support the Sharon Community Solar Challenge and notify the Massachusetts Technology Council of the Town’s approval and appoint Town Administrator Ben Puritz as the formal contact

 

 VOTED:  (Heitin/Roach) Voted unanimously to support and allow the Energy Fair to be held on Sunday September 21, 2008 from 10am – 3pm at the Sharon Community Center.

     

CONTRACTS ASSOCIATED WITH 43D ECONOMIC DEVELOPMENT GRANT

 

Chairman Powell said that the Board would hold on this item

 

APPROVAL OF MINUTES

 

Chairman Powell said the Board would hold on this item.

 

APPROVAL OF MP (Mid-level Professionals) MEMORANDUM OF AGREEMENT

 

Town Administrator Puritz explained that the agreement was the reopener for the final year of a three year agreement.  The agreement included a 3% wage adjustment for 7/1/2007 – 6/30/2008.  In order to compensate the MPs for their participation in the Network Blue program and the increased contribution for new employees the MPs will receive a one-time benefit of $300.00 for those who subscribe to the Family Plan of the Town’s health insurance and a $150.00 one-time payment for those who subscribe to the Individual Plan of the Town’s health insurance.  The MPs are also receiving on a one-time basis a day-off after Thanksgiving. 

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the MP Memorandum of Agreement as discussed

 

APPROVAL OF SEIU/888 (Library Employees) MEMORANDUM OF AGREEMENT

 

Town Administrator Puritz explained that the agreement included a 3% wage adjustment for FY’07 (7/1/06 – 6/30/07) and FY’08 (7/1/07 – 6/30/08).  In order to compensate this union for the Network Blue program and the increased contribution for new employees, library employees will receive a one-time benefit of $300.00 for those who subscribe to the Family Plan of the Town’s health insurance and a $150.00 one-time payment for those who subscribe to the Individual Plan of the Town’s health insurance.  The union members are also receiving on a one-time basis a day-off after Thanksgiving. 

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the SEIU/888 Memorandum of Agreement as discussed

 

APPROVAL OF SCHOOL CROSSING GUARD MEMORANDUM OF AGREEMENT

 

Town Administrator Puritz explained that this one-year agreement included a 3% wage adjustment for FY ’09 (7/1/08 – 6/30/09)

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the School Crossing Guard Memorandum of Agreement as discussed

 

SMEA MEMORANDUM OF AGREEMENT

 

Town Administrator Puritz explained that the agreement was the reopener for the final year of a three year agreement.  The agreement included a 3% wage adjustment for 7/1/2007 – 6/30/2008.  In order to compensate the SMEAs for the Network Blue program and the increased contribution for new employees the SMEAs will receive a one-time benefit of $300.00 for those who subscribe to the Family Plan of the Town’s health insurance and a $150.00 one-time payment for those who subscribe to the Individual Plan of the Town’s health insurance.  The SMEAs are also receiving on a one-time basis a day-off after Christmas 

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the School Crossing Guard Memorandum of Agreement as discussed

 

AWARDING OF STOP/LOSS INSURANCE CONTRACT

 

Town Administrator Puritz explained that the previous low bid submitted by HM Life was not being recommended because of a limit on certain types of cases that was not advantageous to the Town.  Therefore, after further review it was recommended to award the bid to Blue Cross Blue Shield for $369,245.00.

 

VOTED:  (Heitin/Roach) Voted unanimously to award the Stop-Loss Insurance contract to Blue Cross Blue Shield for $369,245 with a $100,000 deductible.

 

 

APPROVE CELLULAR LEASE WITH T-MOBILE AT DPW HEADQUARTERS

 

Town Administrator Puritz explained that this was an additional cellular facility to be located at DPW Headquarters.  This 10-year lease would allow T-Mobile to construct a monopole and would also provide the Town with additional opportunities for co-location which would result in additional revenue.

 

VOTED:  (Heitin/Roach) Voted unanimously to sign a lease with T-Mobile for a cellular monopole at the DPW Yard for $21,000/ year with a 3% annual cost of living adjustment and a $10,000 non-refundable filing fee.

 

APPROVAL OF ELECTION WORKERS

 

Selectman Roach recused himself because his wife is an election worker.

 

VOTED:  (Heitin/Roach) Voted to approve the elections workers on the list provided by the Town Clerk dated June 17, 2008.

 

APPROVAL OF USE OF HORIZONS FOR YOUTH PROPERTY

 

Selectman Roach recused himself.

 

Selectman Heitin explained that this was a one-time partial day/limited use rental reservation agreement with the Marine Modelers Club of New England

 

VOTED:  (Heitin/Roach) Voted to approve the lease with the Marine Modelers Club as recommended by the Horizons for Youth Reuse Committee

 

APPROVE REVISED PAPER AWARD CONTRACT

 

Town Administrator Puritz explained that there as a minor error ($24.00) in the contract received from the Southeastern Regional Services Group for 20# 8 ½” x 14” paper.

 

VOTED:  (Heitin/Roach) Voted unanimously to amend the previous contract for 20# white 8 ½” x 14” paper.

 

TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT

 

Chairman Powell asked that this item be held.

 

OTHER

 

Selectman Roach announced the July 4th Road Race which will be held on June 29th and that the Annual Fireworks will be held on July 3rd on Memorial Beach.

 

5 MINUTE RECESS

 

DISCUSSION OF PROPOSED AMENDMENT TO BRICKSTONE DEVELOPMENT AGREEMENT

 

In attendance:  Town Counsel Richard Gelerman, Associate Town Counsel Cindy Amara, Attorney John Twohig representing Brickstone, Marty Spagat of Brickstone, Bob Daylor of Daylor Engineering, Chris Regnier and Jeff Derk of Traffic Engineer of Vanasse Hangen Brustlin Engineering

 

Chairman Powell said that a community meeting had been held by the developers on Thursday July 19, 2008.  He also said that there is a provision in the Memorandum of Agreement stating should there be a material change it is required that the changes be voted upon at Town Meeting. He said that this helps to ensure the integrity of the agreement.  He feels that these changes are material and it is necessary to go back to Town Meeting.  Selectman Roach said that the Board needs to make sure that there is open discussion with the neighborhood. He also believes that this is a major change and needs to go back to Town Meeting.  Selectman Heitin said he agrees with both Chairman Powell and Selectman Roach.  Chairman Powell said it seems to be the consensus of the Board to present the change in mid-late September at a Special Town Meeting.

 

 

Attorney Twohig reviewed the 12 items for discussion (see below) that had been reviewed at the Selectmen meeting of June 10, 2008.  He said he disagrees with the Board and does not see these as a material change.

 

1.       Clarify Review Payments are for Building Permit Inspection Review, Not Pre-Filing

2.       Add Obligation to Tie Waterline into Boulder Lane – Mr. Twohig said they would add a provision to tie the waterline into Boulder Lane mirroring the coach Lane provision.

3.       Allow Optional Tie-In to Bay Road and Provide Town of Sharon $300,000 Cash Payment

4.       Waive Water Connection Fees for Boulder Lane

5.       Clarify that Developer Pays for Permits it Needs but Not Private Residents/Municipal Tie-In for Water Line Improvements

6.       (Done) Advance $325,000 to Town as of April 30, 2008 (from June)  Mr. Twohig said the original agreement stated June 30, 2008 and he would like the move-up of the payment date to be memorialized in the agreement.

7.       Advance $325,000 to Town as of April 30, 2009 (from June).  Same as above except for 2009

8.       (Done) Pay Memorial Beach Improvement $50,000 on or before April 30, 2008

9.       Clarify Developer will Provide Septic, Water and Electrical Service to Fire Sub-Station.  Mr. Twohig explained that this issue came up after discussion wit the Fire Chief and needs to be memorialized in agreement.

10.   Clarify that the 36 Acre Privately Restricted Land Will be Restricted in Phases (12 Acres Each) as Project is Built

11.   Given Extensive Mountain Street Work, that Mountain Street May be Used for Construction and Site Access

12.   That Buildings can Shift, Prior to Site Plan Approval, more than 100’ if the result of Design, Engineering, Topography (in all events, must be within setbacks)

 

Mr. Twohig reviewed with the Board four items which had been raised at the community meeting:

1.       What does it mean to rotate the buildings? – He explained that based on the topography of the site that rotating the buildings would decrease the amount of blasting and would help to lower the height of the buildings.  He said that it also helped to remove out-building like the wastewater treatment facility

2.       Creation of water line to Coach Lane and Boulder and as a potential alternative to include Bay Road

3.       Using Mountain Street as an access road during the construction phase

4.       Clarification on the 36 acres of privately restricted land

 

There was discussion and questions from the abutters in the audience.  Town Counsel Gelerman concurred with the Selectmen that the changes being requested by the developer are material.  Therefore, in his opinion the changes need to be voted upon by Town Meeting.  Selectman Heitin said he felt that the developer benefits to the Town should be revisited as these changes are good for the developer.

 

The discussion then revolved around the utilization of Mountain Street during the construction phase.  Audience members wanted to know if there were no trucks allowed on Castle Drive, Chessman Drive and Eisenhower Driver then why should there be trucks on Mountain Street.  Judy Bookbinder of Mountain Street said the residents of Mountain Street will have to bear the burden of the construction and they are not even receiving water which is a benefit of the project. Bob Daylor then spoke about the differences between the current plan and original plan as it relates to privately restricted land.  It was also explained that the three hole golf course has been removed and the building heights would be: 2 six story buildings, 2 seven story building and 2 eight story buildings. The garages will also be located below the buildings.  Previously all the building heights had been eight stories.  The unit count will remain the same.   They also moved the wastewater treatment facility which is now in the basement of the garage and moved the disposal field which is now 2200 feet to Briggs Pond.  Mr. Daylor further explained that all the excavation will take place during the first phase. There was further discussion about the extension of the water line and also as an alternative to provide cash rather than building the water line.  However, Attorney Twohig said that there is a commitment to providing water to Boulder and Coach based on the Town getting easements.  It was also brought up that part of Bay Road is owned by Stoughton.  The Selectmen said that prior to the project the money was not available to run the waterline further down Bay Road.  Selectman Heitin added that the completion of the waterline is also now possible because of the high pressure system and funding provided for in the Brickstone agreement.  Attorney Twohig added the site plan review is also part of the process.  Mr. Cohen of Briggs Pond Way said that it seems unfair that the residents of his street are not being included in the waterline expansion plan.  Selectman Heitin said that a study is being performed to obtain the cost of extending the water line to include Mountain Street, Mountain Street Extension, Briggs Pond, Coach Lane, Boulder and maybe even Stoughton.

 

 Jeff Derk of Vanasse said the studies need to be completed that will look at the traffic routes to Mountain Street.  He said that the location of schools as well as alternative truck routes will be looked at during the evaluation process.  He said he envisions heavy construction equipment will be necessary to run the waterline down Mountain Street as well as for the construction of the Fire Station.  He said once the project is completed the only access will be through Bay Road except for emergency access. The abutters wanted to know why there had been no discussion regarding construction access when the process was presented to the Town.  He reviewed Phase 1 of the traffic estimates including types of construction vehicles and building phases. Phase 1 will take 2 /1/2 years and will include the construction of 2 – 3 buildings, Phase 2 will take 2 ½ years and Phase 3 is the building of the nursing home.  He said people will be living in the building while Phase 2 is being built.  Chairman Powell asked that the only access off Mountain Street be during Phase 1.  There was discussion about the impact of this on the project building schedule.  Chairman Powell said he doesn’t understand why this can’t be done.  Selectman Heitin asked for a distinct time on when Mountain Street can be closed.  Selectman Roach said that the Board had negotiated with Brickstone for eighteen months and at no point was Mountain Street ever discussed to be used for construction.  Attorney Twohig also said Brickstone has not spoken to the Town of Stoughton yet.  He added that Brickstone doesn’t intend to pave Mountain Street. There was a comment about the number of accidents on Mountain Street. 

 

There was discussion about the peer review process as a means for the Town to hire its own experts.  Chairman Powell said it is important for the Town to have a peer review process and the developer pays for the associated consultant costs.  Tom Houston of Professional Services Corporation who did the original peer review report for the Town said that the traffic study that was given to the Town was for post- project construction.  Chairman Powell said that it was his understanding that the only time Mountain Street was to be used for construction was during the waterline construction and the substation construction.  There was additional public comment including the need for public information before the meetings are held so people can review the materials. Chairman Powell said that the next meeting on Brickstone will be at the Sharon High School Library.  Selectman Roach said that the Board needs to do a better job of informing residents about the next meeting. The Selectmen agreed that there needs to be a town-wide mailing prior to the next meeting that will include the hearing date, and the impact.  The residents asked and the Selectmen agreed that the information be available prior to the meeting.  Selectmen Heitin said that a 2 – 3 page document including the plans be available on the Town’s website.  Attorney Twohig said he would provide a draft agreement prior to the next meeting and added that the developer is very interested in receiving public comment and will pay for town-wide notification prior to the next meeting. Chairman Powell said that there also is a commitment to peer review and a commitment to having the draft agreement available a few days ahead of the next public meeting. Attorney Amara stated that since the agreement is in process she would caution against providing a draft agreement prior to the meeting. Attorney Twohig also said before they contact Stoughton they want to be fully clear on where they are going in Sharon. 

 

The Board recessed for 5 minutes  

 

VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing collective bargaining, bargaining with non-represented employees and real property and at the end thereof adjourn for the evening.  

 

The Board adjourned to Executive Session at 10:20 p.m.

 

Powell: Aye

Heitin: Aye

Roach: Aye