MINUTES

BOARD OF SELECTMEN MEETING

Tuesday, September 15, 2009

6:30 p.m.

The meeting of the Board of Selectmen was held at 6:30 pm in the Sharon Town Hall with Chairman William Heitin, Selectman Walter “Joe” Roach and Selectman Richard A. Powell and Town Administrator Benjamin E. Puritz

The meeting was called to order at 6:35 p.m.

joint meeting with the charter commission

Chairman of the Charter Commission Andy Nebenzahl said that he had come before the Board to bring the Selectmen up to date on the preliminary report issued by the Commission.  He also introduced other members of the Commission who were in attendance; Paul Pietal, Suzi Peck, Allen Garf, Abigail Marsters, Paul Izzo and Peg Arguimbau as well as Consulting Attorney Michael Curran.

Chairman Nebenzahl stated the following regarding the proposed Charter

• Currently Sharon’s government is pure Open Town Meeting format. 
• Under the charter it would be changed to a Hybrid Open Town Meeting format.  This would include a nine member Steering Committee, five members representing each precinct and four at-large members.  Each Article that currently goes to Town Meeting would first be voted on by the Steering Committee.  If Steering Committee appeal is brought by 3% of Registered Voters then the Article would before the next Town Meeting.  The Steering Committee could choose to take no action and then the Article could go directly to Town Meeting.
• Several of the elected boards would become appointed boards
• Finance Committee would be replaced a by seven member Finance/Audit Committee that would be appointed by the Steering Committee.  Two members of the Finance/Audit Committee would be members of the Steering Committee. 
• Set forth the scope of authority between the Town Administrator and the Select Board

Chairman Nebenzahl said that they are looking for input.  Chairman Heitin spoke about educating the public and disseminating the information in order to solicit feedback.  Chairman Nebenzahl said that the Charter Commission is holding a public hearing at the Community Center on September 21^st.  Paul Izzo and Chairman Nebenzahl will be making a presentation on cable television as well. He said that under statue the Charter Commission needs to have a final submission by November 9^th. 

Selectman Roach said that the people he has heard from feel that there are too many changes and that the proposed document has too much detail.  Chairman Nebenzahl said they came up with the hybrid form in order to “marry efficiency and direct democracy”.  Consultant Mike Curran said that Sharon has a “quilt of laws and special laws under which we operate which looks very similar to what we have before us today”.

There was also discussion regarding the structure of the maintenance function of all Town and School buildings.  Chairman Nebenzahl said this provision is an enabling function not a mandatory function.

Selectman Powell said that the hybrid form of government is not used in any other municipality in Massachusetts.  He said he is interested in the debate that led to this proposal.  As the items cannot be amended once they go before the Steering Committee - he asked why any items are going to Town Meeting why not go straight from the Steering Committee to a ballot question.  Chairman Nebenzahl said that is because then there would be no opportunity for discussion.  He also added that the Steering Commission also has the option to take no action and send an item straight to a Town Meeting vote.  Paul Izzo said that there were a lot of opinions on the Charter Commission but the one common theme was focus on the future not the past by looking at the Town’s needs in five years, ten years etc… Selectman Powell asked why they settled on a nine member Steering Committee.  Paul Izzo said that each voter has the opportunity to vote for a majority of the Committee since there are four at-large members and one representative of each precinct.   Selectman Powell asked why the Steering Committee needs subpoena power.  Consultant Curran explained that if the Steering Committee should want to use that power that they need to go obtain approval from a judge.  He also said that that the authority to do this already exists.

Selectman Powell also asked about the recall process and the fact that it was all inclusive – not just including recall power for illegal behavior.  Chairman Nebenzahl said that if you had a cause provision that it could potentially be challenged on the cause issue.  He said that they made the recall provisions very stringent requiring that 15% of the electorate sign a petition supporting the recall within 21 days.  

DPW SUPERINTENDENT ERIC HOOPER AND KATHY MIRZA OF DEP – PRESENATION REGARDING AUTOMATIC COLLECTION

Superintendent of Public Works Eric Hooper explained that the Town’s trash contract is up on July 1, 2010.  Therefore, we are in the beginning of the RFP process.  He said that tonight he will review where we are and discuss where the industry is heading.

Superintendent Hooper stated that currently the Town’s tipping fee is $35.00 per ton and the market rate is $90.00 per ton.  He said that the Town has entered into a non-binding agreement with SEMASS to ramp up the tipping fee over four years. 

Superintendent Hooper said that currently Sharon has co-mingled recycling – all but paper in one bin and all glass, plastic metal in another bin.  The new approach is single stream recycling – where all items can be recycled together.  He pointed out that the more you recycle the less the tipping fee.  He said that 50% - 60% of our trash is easily recyclable.  He reviewed the current program and said that the biggest complaint is that recycling is bi-weekly only.  He said that people want weekly recycling. Hooper said automated collection can be used for both trash and recyclables. He said that once communities changes to automated collection there is a significant increase in recycling because people are limited by the amount of trash they can put out without incurring additional costs.  The automated collection barrel would hold 65 gallons per week.  In Norwood if you would like to purchase a second 65 gallon barrel you can pay an additional $200.00 annually. There was discussion about opening the bid up to as many vendors as possible.    

A citizen in attendance questioned about the lack of public education and discussion regarding this topic.  He says the current system is working well and there is no need for any change.  He said that it will limit competition because not all companies have the technology for the automated collection method. Chairman Heitin said that the Selectmen will have a public hearing at the Community Center after the November Town Meeting.  A gentleman in attendance asked that if we would meet our minimum tonnage requirements if we recycled more materials.  Superintendent Hooper said that the amount of recycling and garbage is combined together when calculating tonnage.  Sharon resident Kathy Mirza, who also works for DEP in this area, said that one of the ways that communities have been able to reduce and trash and increase recycling is through automated collection.  She said that is also has been very popular in southeastern Massachusetts. She said when you reduce the amount of trash you also reduce the tipping fee. 

Information about Zoning article that seeks to amend the USES ALLOWABLE in the light industrial district at the novembe r2009 town meeting

In attendance: Tom Houston of Professional Services Corporation, Attorney Phil Macchi representing landowner Mr. Murphy, Mr. Murphy

Attorney Macchi explained that Tom Houston was at the meeting as the Town’s Peer Review agent.  Attorney Macchi also discussed the Murphy family’s land holdings.  He said that the Walpole South Industrial Park provide the Town of Walpole with over $551,000 per year in revenue.  The Murphy’s also own land in Sharon that is adjacent to Walpole Park South.  But the building in Sharon at 10 Merchant Street with 53,748 square feet has been vacant for three years because the Town has such stringent land use regulations.  He said in total 140,000 square feet in Sharon along Route 1 is vacant. Mr. Macchi said that is Sharon wants to be competitive, and not only have warehouse space, it needs to change its regulations.  He estimates that Sharon could receive approximately $340,000 per year in additional revenue.  He said the changes will not only benefit the Murphy family but other landowners as well.

Tom Houston of Professional Services Corporation conducted a Peer Review Study on behalf of the Town.  He said that 80% - 90% of the land is in the aquifer protection district so it was important not to add uses that would damage the aquifer. He provided the Board with a comparison between the current by-law and the proposed by-law.  He said that currently once a developer exceeds 60,000 square feet a special permit is required.  The proposed by-law would raise the threshold to 100,000 square feet.  The Light Industrial District Site can have a wastewater treatment plant as along as it is approved by the DEP and the Sharon Board of Health.  The effluent must meet drinking water standards.  Selectman Roach asked if Walpole has weighed in on this issue and Mr. Houston said not yet.   Mr. Houston also said that in 1983 Sharon had adopted the Water Resource Protection District to protect the aquifers of adjacent communities.  He said that Walpole will be notified as part of the Planning Board notification process.  Paul Lauenstein, Planning Board Chair said he is concerned about an increase in the impervious service and some of the uses that will now be allowed.  Attorney Macchi asked the Board of Selectmen sponsor this Article at Town Meeting. 

APPROVAL OF MINTUES

VOTED: (Roach/Powell) Voted unanimously to approve the Regular Session Minutes of June 30, 2009, July 14, 2009, and August 11, 2009 and Executive Session Minutes of July 14, 2009, July 28, 2009 and August 11, 2009

sequencing of articles for november 9, 2009 town meeting

Chairman Heitin said that there are 20 articles.  He was in support of the sequencing as it was presented.  Both Selectmen Powell and Roach said that they are in agreement.

VOTED: (Roach/Powell) Voted unanimously to approve the sequencing of the articles for the November 9, 2009 Town Meeting as presented.

REVIEW STATUS OF REDACTED EXECTUIVE SESSION MINUTES

Chairman Heitin said that this item will be held until the next Selectmen’s Meeting

CONTRACT RECOMMENDATIONS FOR MUNICIPAL WELL DEVELOPMENT – NSTAR

Chairman Heitin said that this issue was discussed at the Water Management Advisory Committee (WMAC) and that this is a site that has been pursued by the WMAC as a potential municipal well. Selectman Roach asked that this item be held until the next Selectmen’s Meeting because he would like to speak with DPW Superintendent Hooper. He said that the treatment of an existing well might be cheaper than the costs associated with the development of a new well.  

DISCUSSION OF FY ’11 GOALS AND REVIEW OF POLICIES AND PROCEDURES

Selectman Roach said he is in support of the Goals and Policies and Procedures.  However he believes the Board should meet with other Boards during the summer when things are slower.  Both Chairman Heitin and Selectman Powell are in agreement with Selectman Roach.

VOTED: (Roach/Powell) Voted unanimously to accept the Goals and Policies and Procedures of the Board of Selectmen

VOTED: (Powell/Roach) Voted unanimously to enter into Executive Session to discuss collective bargaining, pending litigation and real property and at the end thereof to adjourn for the evening.

The Board adjourned at 9:05 P.M.

Heitin: Aye

Roach:  Aye

Powell: Aye