MINUTES

     BOARD OF SELECTMEN MEETING

    Monday October 27, 2008

      6:45 p.m.

 

The meeting of the Board of Selectmen was held at 6:45 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 6:45 p.m.

 

SHARON HILLS MEMORANDUM OF AGREEMENT DRAFT AMENDMENT DISCUSSION

 

In attendance: Town Counsel Richard Gelerman, Associate Town Counsel Cindy Amara, Brickstone Attorneys John Twohig and Chris Regnier, Brickstone Engineer Bob Daylor, Consultants for the Town Tom Houston and Dan Hart, nearby residents Ivars Apse, Cheryl Weinstein and Joanne McGiness

 

Chairman Powell explained that Town Counsel was in attendance to update the Selectmen about the Brickstone Memorandum of Understanding.  Town Counsel Gelerman said that late Friday afternoon he sent a draft of the proposed first amendment to the Memorandum of Agreement to the Selectmen and that it was now posted on the web.  He said that document is a draft, is a work-in-progress and not a final document. 

 

Attorney Gelerman said when originally requesting for the amendment the developer had asked for access to Mountain Street for a period of five years.  However, the time period has now been trimmed to eighteen months.  During this period; the developer would like to build the access road to Bay Road, the wetlands crossing and the podium for the buildings and nursing home.   Town Counsel Gelerman also said that he is still negotiating additional mitigation items and is also focusing on permittable tasks and timelines. He mentioned that the Board should think about penalties if Brickstone doesn’t complete their work within the agreed to period.

 

Chairman Powell said he first would like to discuss whether to allow access to Mountain Street.  Selectman Roach said that earlier in the day he called Natural Heritage and they said that they hadn’t spoken to Brickstone in months.  Attorney Twohig who is representing Brickstone said he had heard from Natural Heritage’s John Rigosa about the fact that Mountain Street would be treated like Bay Road in terms of the foliage and animal crossings.  He also said that Brickstone had committed funds for a $100,000 turtle study and turtle movement study.   

 

Town Counsel Gelerman said that the developer has committed to 18 months for the use of Mountain Street for construction access.  Chairman Powell asked if there is any way to lessen the amount of time.  Dan Hart, the Town’s consultant, said that the project as sequenced by Tocci Construction is proper.  He said that you could save three months by providing additional fill and not utilizing the fill on site.  However, this would also involve additional truck trips for importing and exporting the fill.  He also said if you use Mountain Street for creation of the access road the construction period would increase by one year.  Town Consultant Tom Houston of Professional Services Corporation said the Dan Hart had examined the schedule and sequence of construction more than he.  However he believes that 18 months is a reasonable period of time. He said the plan is to excavate the land for the podium for the buildings and the nursing home then crush up the rock which will then be used to build the access road.  In response to a question by Selectmen Roach Mr. Hart said that there will be no vertical construction during the 18 month period when Mountain Street is open. 

 

Town Counsel Gelerman then discussed penalty options should Brickstone not complete the work within 18 months. He mentioned that if Brickstone is unable to complete their work because of an act of God – something out of their control such as a hurricane vs. being delayed on the project for other reasons then perhaps the penalties should be different.  Dan Hart suggested that a bond of $250K - $300K be in place that can be drawn down.  Selectman Heitin said if the work is not complete Brickstone could be denied to do any work other than the access road.  Selectman Roach said he is not comfortable with the 18 month timetable and would like to see it shortened. 

 

Town Counsel Gelerman said the Board committed to the Community to have a finished amendment in early November.  The Board decided to continue the discussion on Monday, November 3rd at 6:30 p.m.

 

APPROVAL OF MINUTES

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the Regular Session Minutes of October 14, 2008 and the Executive Session Minutes of  October 7, 2008 and October 14, 2008

 

APPROVAL OF BANNER REQUEST BY THE SHARON LACROSSE ASSOCIATION

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the request of the Sharon Lacrosse Association to hang a banner from November 3rd – November 12th (2nd position)

 

APPROVAL OF BANNER REQUEST BY SHARON EDUCATION FOUNDATION

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the banner request of the Sharon Education Foundation to hang a banner from November 17th – November 24th (1st position)

 

APPROVAL OF TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT COMPENSATION

 

Chairman Powell said that the amended Town Administrator employment agreement provides for a 3% increase in compensation, as budgeted for in the FY ‘09 budget approved by Town Meeting. The Amendment also authorizes a one time only increase in number of vacation days that may be carried over. This provision will be for Calendar Year 2009  only. Additionally, he reported that the Town Administrator and the Board engaged in discussions relative to the impact of the economic crisis on future budgets and agreed that expectations going forward were likely a zero increase in FY ‘10. Chairman Powell also discussed the impact of possible mid-year reductions in state aid for the current fiscal year and said it was agreed that if such event occurs to engage in a cooperative review of compensation as deemed necessary to ensure a balanced and responsible budget.

 

VOTED:  (Heitin/Roach) Voted unanimously to approve the Town Administrator’s employment compensation agreement as discussed above. 

 

VOTED: (Heitin/Roach) Voted unanimously to reconvene at the Community Center and at the conclusion thereof to adjourn for the evening.  

 

The Board adjourned to the Community Center at 7:35 P.M.

 

Powell: Aye

Heitin: Aye

Roach: Aye