MINUTES

     BOARD OF SELECTMEN MEETING

    Tuesday September 16, 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 Powell, Selectman William A. Heitin and Selectman Walter “Joe” Roach and Town Administrator Ben Puritz

 

The meeting was called to order at 7:00 p.m.

 

DEDICATON OF MICHAEL ROTHBERG PICTURE

 

Michael Rothberg grew up in Sharon, graduated from Sharon High School in 1980 and lost his life due to the 911 tragedy.  Since his passing his family including his parents Jay and Iris Rothberg have enriched the Town by donating the beautiful clock which is in front of Town Hall and providing scholarships through the schools and Recreation Department. The Saphire family, owners of Saphire Estate, had purchased the painting of Michael at an Auction that is held annually at the Saphire Estate and desires to donate it to the Town.  It was decided that the painting would hang in the Selectmen’s office.  The Rothberg family thanked the Saphire family for their generosity as well as School Superintendent Barbara Dunham and the Board of Selectmen. 

 

UPDATE: MICHAEL GINSBERG, CHAIR RECREATION ADVISORY COMMITTEE

 

Mr. Ginsberg commended new Recreation Director Brett MacGowan for the excellent job he has done since assuming the position on June 9, 2008.  He said that for the first time in a long time both sides of the lake are open. Mr. Ginsberg reviewed many of the Recreation Department programs and pointed out that the sailing program has been moved to the Community Center beach.  Steve Lesco who is a member of the Recreation Advisory Committee and the Standing Building Committee was asked to discuss the status of the Community Center which opened during the past year.  He complimented the contractor and said that outstanding items are being resolved. He also said that the Town should acquire a Service and Maintenance contract for the HVAC systems.  Town Administrator Puritz said that the systems are currently under warranty and that the Department of Public Works Superintendent is aware of the situation regarding the maintenance of the HVAC systems.  Mr. Ginsberg pointed out that there is an issue regarding adequate parking at Deborah Sampson Park on Saturdays as there is a very well attended Fall Baseball Program. There are over 300 children participating in the program. In order to increase parking he suggested two alternatives:

1 – Parking behind the Sacred Heart Building between the Skate Park and the Dog Park

2 – Parking between the tennis courts and Community Gardens

 

There was discussion about who would be responsible for directing the cars.  It was discussed that SYSBA (Sharon Youth Soccer and Baseball Association) could either use volunteers or pay for a police detail.  In conclusion, Mr. Ginsberg said that the Recreation Department is in better shape than it has been in a long time.  Recreation Director Brett MacGowan announced that the Annual Halloween Parade has been moved from the Community Center to the center of Town.

 

UPDATE: PEG ARGUIMBAU, CHAIR CONSERVATION COMMISSION AND REAPPOINTMENT TO COMMITTEE

 

Ms. Arguimbau said that the Conservation Commission has been working on obtaining a Conservation Restriction (CR) for the Camp Gannett property.  They are hoping to have the CR on the Town Meeting for this November but it is looking doubtful.  She also said that they are working on the Massapoag Sportsmen’s Club land swap and hope to complete that as well. She also stated that the Piona Property purchase has been completed.  This land was located between the Cedar Swamp and the Heights.  She said that the Commission will be holding a hearing regarding the Massapoag Dam project. Ms. Arguimbau also discussed the status of the bogs near the Sharon Common project.  She said the intent is to harvest the bogs this year. 

Ms. Arguimbau said that she would like to be reappointed to the Conservation Commission.

 

UPDATE: STAN ROSEN, CHAIR BOARD OF HEALTH AND

REAPPOINTMENT TO COMMITTEE

 

Mr. Rosen explained that the Board of Health was established by Town Meeting in May 1996.  He reviewed the backgrounds of the individual members and staff of the Board of Health.  Mr. Rosen reviewed some of the projects that were approved this year by the Board of Health including the Sharon Commons discharge permit which will be concurrent with the Department of Environmental Protection (DEP) permit.  He said that the Sharon Commons permit request for the residential section has not yet come before the Board of Health.  Mr. Rosen also said that the Board is currently reviewing the Animal Regulations which were written in the 1950’s. Chairman Powell asked about the process for approving new regulations.  Mr. Rosen said that the Board of Health usually holds a public hearing whether or not it is required.  In response to a question by Selectman Roach he said that attendance by Committee Members is good.

 

Mr. Rosen said he would like to be reappointed to the Board of Health.  He said he served on the Board from 1996 – 1999 and 2005 – 2008. He said prior to his appointment to the Board of Health in 1996 he served on the Public Health Advisory Board for 15 years.

 

PHIL MACCHI: EXPANSION OF SECTION 2330 LIGHT INDUSTRIAL DISTRICT USE REGULATIONS TO CONFORM WITH THOSE OF FOXBORO AND WALPOLE

 

Attorney Phil Macchi explained that he is representing landowner Danelle Murphy who would like to Expand Section 2330 of the Sharon’s Light Industrial District Use Regulations.   Mr. Macchi explained that he was asked by the Murphy family to take a look at land uses on Route 1 as they own property.  Mr. Macchi further explained that he looked at the permitted uses for the Light Industrial District in Sharon, Walpole and Foxboro. He said that he discovered that the uses permitted uses in Sharon’s Light Industrial District are very limited.  In particular he mentioned the language that states if a use is not identified it is not allowed.  He said a common concern for all three communities are sewer issues.  Mr. Macchi also said that Sharon and Walpole have overlay districts to protect water. Mr. Macchi said that Mr. Murphy owns 30 acres at Route 1 and Walpole Street (nearest intersection). He discussed OP11 which is a MWRA Policy that applies to communities seeking admission to the MWRA sewer system and to all parties seeking sewer services for locations outside the MWRA service area.  He stated that OP11 could be utilized by a private party not just a government agency.  Mr. Macchi said that Walpole Park South is adjacent to this parcel and that Mr. Murphy is now getting ready to file a site plan for the parcel.

 

Mr. Macchi asked that the Selectmen forward the Town Meeting Article to the Planning Board for review and then the Selectmen can review the Article and if an agreement is reached it would hopefully be ready for the November Town Meeting.  He said he understands that this might not be possible but would like to make the effort.   Chairman Powell said to also include the Conservation Commission in the list of Boards to review the Article.  Mr. Macchi also said that the current uses are too narrow in scope and Sharon is precluding business from coming to Sharon. Chairman Powell said that the Board is generally supportive of business development along the Route 1 corridor.

 

Town Administrator Puritz said he spoke to Planning Board Chair Arnold Cohen and that the Planning

Board was amenable to placing this matter on its September 24th meeting agenda.

 

VOTED:  (Roach/Heitin) Voted unanimously to forward the above mentioned Article to the Planning Board for a public hearing process without endorsement

 

25% REVIEW FOR SHARON COMMONS TRAFFIC MITIGATION

 

Chairman Powell said this item will be held

 

APPROVAL OF MINUTES

 

Selectmen Heitin asked that the Minutes be changed to reflect that the interest rate referred to in the 2nd Amendment to the Wilber School Ground Lease note a cap of 8% and at a rate of no less than 3%.  Also Selectman Roach asked that the Minutes reflect that he recused himself on the discussion and vote for the Jeanne Peckham lease for the Horizons for Youth property.

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the Regular Minutes of September 9, 2008 as corrected

 

SECOND AMENDMENT TO WILBER SCHOOL GROUND LEASE

 

Selectman Heitin reviewed the modification to the Wilber School Ground Lease.  The modification relates to a lump sum payment to be received by the Town.  As a result of the developer receiving 1/3 of their requested Historic Tax Payments the developer has asked that their payments be concurrent with the receipt of the remaining Historic Tax Credits.  The Town was due to get a lump sum of $1.3 million and then in year 52 the Town would receive annual payments.  Therefore, they would like to pay the Town $703,500 now and pay the remaining $653,500 as they receive their credits with the Town receiving 50% of all tax credit monies that they receive.  All monies must be received within 17 years though the developer expects to receive the remainder of the tax credits in the next two cycles.  The Town will receive interest on the monies owed at the rate of the Federal Funds Rate + 1% with a cap of 8% and a rate no less than 3%.  In addition, once the developer receives financing they will no longer have the right to terminate the agreement.  If they default remaining amounts are due and payable to the Town.

 

Chairman Powell explained that the Board had voted on this item at the end of the last meeting after returning from Executive Session.  Cable TV was not recording at that time and he asked Selectman Heitin to review the item. 

 

APPROVE RODMAN RIDE FOR KIDS

 

The Rodman Ride for Kids raised approximately $5.5 millions last year.  The proceeds are donated to worthy causes in the area.  Both Police Chief Bernstein and Fire Chief Mann have signed off.

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the September 27, 2008 the Rodman Ride for Kids

 

DESIGNATION OF APRIL 26, 2008 AS ANDRE TIPPETT DAY IN SHARON

 

Chairman Powell explained that Sharon resident Andre Tippett had been named to the Pro-Football Hall of Fame and was now going to be inducted into the National Jewish Sports Hall of Fame on April 26, 2008.  In honor of Mr. Tippett’s accomplishments the Selectman are going to designate April 26, 2008 as Andre Tippett Day.

 

 VOTED:  (Heitin/Roach) Voted unanimously the Board of Selectmen declare April 26, 2009 as Andre Tippett Day.

 

SELECTMEN SPONSORSHIP OF FOOD DRIVE ON ELECTION DAY NOV. 4, 2008

 

Chairman Powell said that he has been involved with food drives in other communities.  He said that the food pantries are low and due to the expectation of a large turnout on Election Day he thought that this would be a good opportunity for members of our community to donate to the local food pantry.  He has had a discussion with the Ilse Marks Food Pantry and they are very receptive.  They serve 40 – 60 families per week.  Selectmen Heitin and Roach concurred with Chairman Powell.

 

VOTED:  (Heitin/Roach) Voted unanimously that the Board of Selectmen sponsor a food drive on Election Day as discussed.

 

SUPPLEMENTAL AGENDA

 

APPROVAL OF SELECTMEN’S CORNER ARTICLE FOR SHARON ADVOCATE

 

Chairman Powell said that this column pertains to an overview of the structure of the Finance Department, improvements that have been made, overall financial management and areas for improvement.  Selectmen Roach and Heitin said that they approve the column and thanked Chairman Powell for his efforts win writing the column.

 

 VOTED:  (Heitin/Roach) Voted unanimously to send the Selectmen’s Corner letter to the Sharon Advocate.

 

CORRESPONDENCE

 

Selectman Heitin said he would like to potentially put together a group of physicians who would work on health issues in the community and integrate the group with the Board of Health.  He also announced that there will be an Energy Fair on Sunday September 21, 2008 at Sharon High School and recommended that residents attend.

 

VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing collective bargaining, collective bargaining with non-represented personnel, a personnel matter and at the end thereof return to Open Session.

 

The Board adjourned to Executive Session at 8:45 P.M.

 

Powell: Aye

Heitin: Aye

Roach: Aye

 

The Board returned to Open Session at 9:15 P.M.

 

MARK BOBROWSKI: DISCUSSION OF 40R FOR SHARON COMMONS

 

In attendance: Mark Bobrowski, Esq., Tom Houston, Robert Shelmerdine, Esq., Michael Intoccia, Jane Desberg and Mary Tobin

 

 

Mr. Bobrowski said that if the 40R is not approved at Town Meeting in November that the Town could move forward with the 40B/LIP Application. Mr. Bobrowski reviewed the Application Checklist for the 40B/LIP process and said that an appraisal needs to be provided at some point in the process but not necessarily at the time of application submittal. He said that Mass. Housing and the Department of Housing and Community Development have a list of 30 approved appraisers.  He said that the 40R process doesn’t not require an appraisal so if the Town moves forward with the 40R process that an appraisal is superfluous.  Selectman Heitin said that if the Town doesn’t approve the 40R process at the November 27th Town Meeting then the appraisal can be performed.  Selectman Roach asked how long it takes to do the appraisal.  Attorney Bobrowski said the typical time is one month. He said that the Application is about 97.5% complete.  He also said that in regard to the Financial Report submitted by Michael Jacobs there will be additional materials forthcoming.  Tom Houston said that he had looked at a preliminary site plan and based on his review he doesn’t see any signification impacts that would stop support by the Board.  He reviewed the plan for impacts on: Traffic, Storm water, and Wastewater.    Jane Desberg of the Sharon Housing Partnership said that she had no comments because they haven’t met with the Developer.  She is looking forward to meeting with Mr. Intoccia and Mr. Shelmerdine so that she can review the marketing plan and the rental plan.  Once she is satisfied she will supply a support letter form the Sharon Housing Partnership.  They agreed to try and meet by next Tuesday’s Selectmen Meeting.

 

VOTED: (Heitin/Roach) Voted unanimously to adjourn for the evening.

 

The Board adjourned to Executive Session at 9:45 P.M.

 

Powell: Aye

Heitin: Aye

Roach: Aye