MINUTES
BOARD OF SELECTMEN MEETING
Tuesday September 23, 2008
7:00 p.m.
The meeting of the Board of Selectmen was held at 7:07 p.m. 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 7:07 p.m.
LAKE MANAGEMENT COMMITTEE UPDATE
Lake Management Committee Vice-Chair Michael Baglino appeared before the Board to provide an update about the activities and challenges of the Lake Management Committee over the past year. He said that because there was so much rain this spring and summer there was an increased amount of nutrients due to the run-off. The result was more algae. He said that the Lake Management Committee was able to manage the algae issue. He said that the management of geese is much more difficult.
The Selectmen discussed with Mr. Baglino the importance of mooring the buoys more accurately. Mr. Baglino said that he believes that the Town should be responsible for this activity as opposed to the Yacht Club. Mr. Baglino also suggested that the Town consider purchasing permanent structures and providing boaters with a map of the lake. Chairman Powell said that he will ask Recreation Director Brett MacGowan to look into this.
SHARON HISTORICAL COMMISSION UPDATE
Sharon Historical Commission Chair Dave Martin said that his committee had just finished the Historic Inventory Project. He explained that 130 properties had been added to the Town’s list and that the funding for this came from a matching grant from the State and Community Preservation Committee funds. He spoke about the Wilber School project which he said will have its ground breaking sometime in October. He said as the Wilber School was in the Historic District the developer was then able to obtain Historic Tax Credits for the project.
FATHER BULLOCK ROAD RACE PRESERATION OF DONATIONS
Dave Martin said that the 4th Annual Father Bullock Road Race was held on June 1, 2008. He said that the race raised over $13,000 and that the Committee was donating the funds to Facing History Facing Ourselves, Interfaith Action and the Jimmy Fund. Representatives from Facing History Facing Ourselves were in attendance to accept the donations.
INTERFAITH ACTION UPDATE
Janet Penn said that 14 Sharon High School students traveled to Jordan where they facilitated discussions with high school students from Jordan. She reviewed other programs sponsored by Interfaith Action and national recognition that the group has received. She also reported that Interfaith Action had recently received a $5,000 grant from the Massachusetts Foundation for the Humanities to host a multi-cultural film festival.
INVESTMENT POLICY
William Fowler the Town’s Finance Director discussed the investment policy he is proposing that he believes will ensure that the Town’s funds are safe. He said he has spread the funds to different banks to make sure that all of the Town’s funds are insured. He said the he is very limited by state statute as to how the funds can be invested. Selectman Heitin asked that a section be added to the policy to include a section stating that the Finance Director report back to the Board regarding the rate of return on Town funds.
VOTED: (Heitin/Roach) Voted unanimously to accept the Investment Policy as presented this evening by the Town Treasurer/Finance Director
RESERVE POLICY
Finance Director William Fowler said that Moody’s and Standard and Poors recommend that 5% - 10% of the Town’s operating budget be held in reserve. He said that this protects the Town’s rating with the rating agencies and would help stabilize the Town’s finances from revenue swings. He recommended that the Town over time achieve a 5% reserves. Currently the reserves are at a shade less than 2%. Chairman Powell says the language in the policy is “to endeavor” to reach 5% - which means that this is the goal. Selectman Heitin said he believes the Reserve Policy should be incorporated into the Selectmen’s Policies.
CASH RECONCILIATION UPDATE
Chairman Powell welcomed Town Accountant Cindy Doherty to participate in the discussion. Finance Director Fowler said that the Town has engaged an outside person to assist in getting the 2008 Cash Reconciliation up to date and will also be in periodic contact with FAA Associates who previously provided financial management consulting services during a portion of the period when the Town Accountant’s position was vacant. Concurrently Cindy Doherty is keeping the 2009 Cash Reconciliations current. He said that the reconciliations should be complete by the end of October. Finance Director Fowler also said that he is consolidating some of the Town’s bank accounts as the Town has too many bank accounts. He also mentioned independent Board and Committees are no longer permitted to open up bank accounts.
APPROVAL OF MINUTES
Selectman Roach asked that the Executive Session Minutes be changed to identify him as Selectman Roach as opposed to Chairman Roach.
VOTED: (Heitin/Roach) Voted unanimously to approve the Regular Minutes of September 16, 2008 and the Executive Session Minutes of September 16, 2008 as corrected
REVIEW OF SELECTMEN’S POLICIES
Chairman Powell asked that this item be held until the meeting of October 7, 2008
DRAFT COMMUNTY CENTER BALLROOM RENTAL POLICY REVIEW
Town Administrator Puritz explained the ballroom is the largest room in the facility. He distributed the policy with the highlighted changes and said that Recreation Director Brett MacGowan determined that with the current price structure the Town is not covering all of its costs when the event went on beyond six hours. Therefore, there is an additional fee for time overage. Mr. Puritz said both the Recreation Advisory Committee and the Superintendent of Public Works had both been advised about the recommended changes. Currently the fee for six hours rental is $1,000.00 for Sharon residents and non-profits and $2,000.00 for non-residents and for-profit entities. The new recommendation would add the cost of $250.00 per hour for any time over six hours. The Board is looking for comments from the Recreation Advisory Committee. Selectman Roach said he would like to see how the $250.00 per hour charge was determined.
SELECTMEN REPRESENTATIVE TO SHARON TEACHER’S ASSOCIATION NEGOTIATING TEAM
Chairman Powell said that the Selectmen are statutorily required to have a member of the Board on the negotiating Committee for the Sharon Teacher’s Association contract.
VOTED: (Heitin/Roach) Voted unanimously to recommend Selectman Joe Roach as the Selectmen representative relative to the Sharon Teacher’s Association negotiations.
OTHER BUSINESS
There were comments from Gordon Gladstone regarding the Community Center rental fees for non-profits. Selectman Heitin said there is a mechanism for reduced rates. Selectman Heitin also congratulated the organizers of the Energy/Water Fair for a job well done. He also said that the Selectmen have received a proposal to put energy efficient fixtures in Town buildings. The Energy Advisory Committee is in the process of obtaining energy audits and recommendations for various Town Buildings.
3 MINUTE RECESS
The Board reconvened at 8:30 p.m.
CLASSIFICATION HEARING
The Town Assessor Mark Mazur explained that there are four classes: Residential, Commercial, Industrial and Personal. The Town’s property is 92.2% residential. Mr. Mazur said that the Selectmen can assign each class to a different rate; he doesn’t recommend this because of the Town’s preponderance of Residential property. He said that the Selectmen also have the choice to allow a Residential Exemption. He is recommending against this as this usually takes place in Town’s with a lot of non-owner occupied dwellings. Mr. Mazur also recommended that the Selectmen not accept a commercial exemption.
VOTED: (Heitin/Powell) Voted unanimously that the Board of Selectmen accept the Board of Assessor’s recommendation and choose a residential factor of “one” for FY 2009
VOTED: (Heitin/Powell) Voted unanimously that the Board of Selectmen accept the Board of Assessor’s recommendation to not adopt a residential exemption for FY 2009
VOTED: (Heitin/Powell) Voted unanimously that the Board of Selectmen accept the Board of Assessor’s recommendation not to adopt a small commercial exemption for FY 2009
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing collective bargaining and collective bargaining with non-represented personnel and at the end thereof return to Open Session.
The Board returned to Open Session at 9:10 p.m.
HEARING FOR 40R APPLICATION FOR SHARON COMMONS
In attendance: Adam Costa, Esquire, Michael Intoccia, Robert Shelmerdine, Esq. Jane Desberg, Mary Tobin, and several member of the Finance Committee
Attorney Costa works for Attorney Bobrowski who was hired by the Town to assist in the 40R process. Mr. Costa reviewed the process which includes: hearing, submission of the by-law to the Department of Housing and Community Development (DHCD). The state then has the opportunity to review the by-law to make sure that it meets Chapter 40R criteria. If the state approves the by-law it can then come before Town Meeting where it needs a 2/3 majority for approval. He explained that the 40R application must be received by the state on the last day of the month only. Therefore, the by-law needs to be submitted by September 30th in order to have approval by the state in time for the November 17th Town Meeting.
The parcel will be divided into 3 subzones:
Subzone A – 100 apartments and 38 condominium flats
Subzone B – 30 townhouse condominiums
Subzone C – 26 townhouse condominiums and 18 condominium flats
He said that there will be two separate Warrant Articles. One Article will contain Subzone A and Subzone B and a second Warrant Article will contain Subzone C.
Attorney Costa reviewed the Town’s potential payment from the State should the town Meeting approve the 40R. If 168 units are approved the Town would receive a lump sum payment of $200,000 upon adoption of the Zoning By-Law + $3,000 per unit upon issuance of building permit. If 212 units are approved the Town would receive a lump sum payment of $350,000 + $3,000 for 201 units (212 units -11 units) for a total of $953,000. Mr. Costa discussed the differences between 40B and 40R. He said that the 40B process allows for waivers from all regulations of local Boards while the 40R applicants must comply will all local rules. Also 40R allowed for 20% affordable housing with no profit limit audit while 40B requires 25% affordable housing and profit limitations. He also said under 40R the appeal process is different as there is not appeal to the Housing Authority Corporation. Jane Desberg of the Housing Partnership expressed concern that the home ownership be brought up to 25%.
Attorney Costa reviewed the 13 sections of the by-law that he crafted from the standard by-law prepared by DHCD. Mr. Costa said the next step of the Board is to approve the process tonight and then the completed application would be submitted to DHCD by September 30th. Concurrently he will submit guidelines to the other Boards in order to obtain input. He also will place a notice in the newspaper for the 40R hearing before the Planning board. He said by the time of the hearing he hopes to have feedback from the DHCD on the initial application. Michael Intoccia said his commitment under the 40R scenario is to provide indoor parking so that there would be more green space.
Finance Committee Member Gordon Gladstone asked about the impact on school population. Mr. Intoccia said that he has agreed to no more than two bedrooms per unit. Attorney Costa said that this type of analysis is provided under peer review for fiscal impact analysis. Attorney Shelmerdine said that the Planning Board hearing will be held in late October. Attorney Shelmerdine said that the month of October will provide the Boards the time to review and make comments.
VOTED: (Heitin/Roach) Voted unanimously to close the hearing.
VOTED: (Heitin/Roach) Voted unanimously to support the submissions of a 40R application and authorize the Town Administrator to sign the application on behalf of the Board.
CONTINUATION OF LIP APPLICATION
Attorney Shelmerdine asked that this be held until October 7th or October 14th.
VOTED: (Heitin/Roach) Voted unanimously to adjourn for the evening.
The Board adjourned at 11:15 p.m.
Powell: Aye
Heitin: Aye
Roach: Aye