MINUTES

BOARD OF SELECTMEN MEETING

Tuesday, October 27, 2009

7:00 p.m.

 

The meeting of the Board of Selectmen was held at 7:00 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 7:00 p.m.

 

Town Counsel Richard Gelerman: Discussion 2nd amendment to Brickstone Development Agreement

 

In attendance; Town Counsel Richard Gelerman, Associate Town Counsel Cindy Amara, Attorney Chris Regnier representing Brickstone

 

Attorney Gelerman said that the draft is the same as the draft that was sent on October 22nd other than Exhibit N which now allows the chief to add more officers as he thinks it necessary.  Also as it relates to school opening and closing at East Elementary School and the Sharon Middle School – all construction traffic will halt one-half hour before and 15 minutes after school opening in the morning and 15 minutes before school closes and one-half hour after school closes in the afternoon.   He said there are still two open items remaining.  He said he had sent Exhibit N to a technical expert who is working with Chief Mann – we are waiting for his comments and Tom Houston of Professional Services Corporation needs to give final approval of Exhibit N and the related documents.  Richard Mandell asked about the language that might have an impact on the number of floors.  Attorney Chris Regnier said that the plan is have a three-level garage below ground and ten floors above the garage. 

 

VOTED: (Powell/Roach) Voted unanimously that the Board of Selectmen execute the Second Amendment to the Development Agreement which shall be held in escrow by Town Counsel, Richard A. Gelerman, until the following items have occurred:

1)      Paul A. Moriarty & Associates, Inc. has reviewed Exhibits M – 1A, M –1B, M – 2A and M – 2B and the Town has reviewed and had an opportunity to incorporate his comments; and

2)      Tom Houston of PSC has reviewed Section 8.3 of the Second Amendment to the Development Agreement and Exhibit N thereto, and the Town has reviewed and had an opportunity to incorporate his comments; and

3)      The Developer has executed the Second Amendment to the Development Agreement prior to the November 9, 2009 Special Town Meeting. 

 

selectman Powell said that he had taken the liberty of drafting a “Selectmen’s Corner” column for this week’s Sharon Advocate regarding the Town Meeting votes related to the Sharon Hills project.  Chairman Heitin and Selectman Roach were both comfortable with Selectman Powell’s column and authorized that it be sent to the Sharon Advocate for publication this upcoming Friday.

 

VOTED: (Powell/Roach) Voted unanimously to send the column written by Selectman Powell to the Sharon Advocate

 

jay schwab: CANDIDATE FOR REAPPOINTMENT TO THE board of health

 

Jay Schwab said that he is seeking reappointment to the Board.  He said he is actively involved with the issues related to the flu and that the Board of Health is doing as much as it can to obtain additional vaccines.  He said he has been actively involved in the development of new animal regulations to bring them up to date.  Dr. Schwab, who is a dentist, said that he is the Board of Health representative to the Emergency Preparedness Committee and has also been involved in teaching lifeguards about Lymes Diesease and dental emergencies. 

 

Reese Schroeder: Candidate for Reappointment to the Historic Commission

 

Mr. Schroeder said that is the Secretary of the Historical Commission.  He said that in the past year the Historical Commission has performed a successful inventory of 134 older homes in Sharon.  He said that they would like to expand the survey.  The Commission has also been reviewing components of the Wilber School and Unitarian Church construction. He said the historic inventory provides the Town with a view of the history of the Town and is part of the record keeping of the Town.

 

Rita Edelston: Candidate for Alternate on the Council on Aging Board

 

Ms. Edelston is a four year member of the Friends of the Sharon Council on Aging and serves as the liaison to the Council on Aging.  She is particularly interested in programming.  She said she has lived in Sharon since 1970.  She explained that the Friends of the Sharon Council on Aging funds programs while the Council on Aging looks at the quality of life and programming.  She said that she would like to diversify programming as much possible.

 

Susan Saunders and warren kirshenbaum: Candidates for Reappointment to the Housing Partnership

 

Susan Saunders explained that she serves as the Chairperson of the Housing Partnership.  She said in the past year they tried to move one of the Hunters Ridge homes but were unable to find a location.  She and Mr. Kirshensbaum explained that they are almost ready to place the Glenview Road property on the market as an affordable property with a deed restriction.  They said the Wilber School project will include 15 affordable units and the Avalon Bay project will include 39 units.  The Housing Partnership has also sent the Sacred Heart Committee and Horizons for Youth Reuse Committee letters supporting affordable housing on both sites.

 

Stephen Lesco, rick schantz, michael goldstein, and gail bouton: Candidates for Reappointment to the Recreation advisory Committee

 

Mr. Lesco, Mr. Schantz, Mr. Goldstein, and Ms. Bouton who are all up for reappointment to the Recreation Advisory Committee were interviewed as a group.  Mr. Schantz said that one of major events that took place in the past year is the hiring of a new Recreation Director.  He feels that things are running very well.   In addition, the Sharon Recreation Center renovation is complete and now all programs are in-house.  Gail Bouton said she believes that things are going very smoothly as well.  Mike Goldstein added that the Recreation Advisory Board is a very stable group and he again reiterated the fact that he is very pleased with the direction that the Recreation Department is taking. Stephen Lesco says with the hiring of Brett MacGowan that the department is being run like a business with profit and loss centers.  He believes that this is very important and was very complimentary of Mr. MacGowan. Mr. Lesco stated that he finds it very valuable to be able to ascertain the profit/loss of the various programs.  Mr. Schantz said that at one point many of the activities were out sourced whereas now that is being moderated. Recreation Director MacGowan said that he hopes that the Board will reappoint all the candidates.  Mr. Roach said that he would like to have a part time coordinator for the renting out of the building.

 

Michael Baglino: Candidate for Reappointment to the Lake Management Committee

 

Mr. Baglino said that in the past the lake level and algae blooms were a very big problem for the Lake Management Committee.  However, because of all the rain this spring this was not an issue.  There was some discussion of the high bacteria counts at the Community Center Beach.  He recommended that the Town might sample and test water at Sucker Brook to try and ascertain why the counts are so high.

 

Continuation of dog hearing for Scott Blau of 10 suffolk road

 

The Selectmen asked that anyone in the audience who was interested in speaking please raise their hands – these individuals were sworn in.

 

Animal Control Officer (ACO) Malcolmson reviewed the timeline of events that led to the hearing.  She said she is back before the Board because there have been several instances regarding one of the Mr. Blau’s dogs, “McLovin.”  She said the most recent incident was a dog bite that occurred on October 9, 2009.  After the woman was bitten the Canton Animal Control Officer was called because she was covering for Diane.  Both the Canton  ACO and Officer Pitino went to the house.  They reported that the dog was very aggressive, charging towards both of them.  Officer Pitino then sprayed the dog with pepper spray rather than shoot him.  The Canton ACO also reported that she couldn’t get the dog with the rabies pole.  Eventually, the Canton ACO and Officer Pitino had McLovin chase them into the yard and then they left with the dog contained in the back yard.  ACO Malcolmson then reviewed the other incidents.  She said the people didn’t want to go to court and were unwilling to come forward publicly but still reported the incidents to her:

·        On July 11th Couple with baby in stroller reported walking in front of Mr. Blau’s house when they were circled by four dogs who were barking at them

·        On July 13th McLovin pulled lose from the leash and attacked another dog, biting it in the stomach and it required veterinary treatment.  Mr. Blau then had the dog neutered.

·        On August 12th McLovin again was reported aggressively circling and barking at people who were walking their dog.  Mr. Blau apologized to the people and restrained the dog

·        The Foxboro ACO reported that on September 23rd all four dogs were off leash near the power lines in Foxboro.  One of the dogs bit a person.  Mr. Blau was fined for having the dogs off leash.

 

Ms. Malcolmson reported that recently Mr. Blau came to her house to show he now has control of the dog.  She added that the dogs have all been off leash at Moose Hill and the Recreation Center.  She said that the fence was constructed as ordered by the Selectmen. She thinks that the dog opened up the front dog by himself on October 9th and that is how he got out.  She said that other times the dog has been left out in violation of the leash law.

 

Mr. Blau said that he has tried to do everything he could to comply with the Selectmen’s orders.  He said his dog didn’t bite – he just “nibbled” and didn’t break anyone’s skin.  ACO Malcolmson said that the people were both wearing down jackets so technically no skin was broken but they did have bite marks. He said he is trying to train the dogs and that they are only two years old. He said that the dog will never go out the front door on its own again. He said the dog doesn’t need a muzzle because he now has a radio collar; he added that the dog is not an aggressive dog.  Selectman Roach asked Mr. Blau, “If you know there is a leash law then why do you let the dogs out lose?”  Mr. Blau then said he got the collar after the Foxboro incident.  ACO Officer Malcolmson said the incidents occur when Mr. Blau is not in attendance.  Bill Blau, Mr. Blau’s son, said that the dog has shown a lot of improvement since they began training him in earnest. Tara Bisceglia of 12 Suffolk Road stated though Mr. Blau constructed a fence, and it has helped with the containment issues, she is concerned about the safety of the neighborhood children and other pets.  She said the dogs are still out early in the morning barking.  She said the problem is when Karen Blau is there.

 

Selectman Powell said that there are leash law violations but the bigger concern is that one day the dog that is very aggressive will hurt someone badly.  He said that Scott Blau cannot guarantee the Board that the dog won’t get out.  Amy Guerrerro of 2 Linda Road, another neighbor, said that Scott is doing everything that has been asked of him and that he is a conscientious dog owner. 

 

Peter Bickoff was then sworn in.  He said that he has been a dog owner for 30 years and though Mr. Blau says he is a good dog owner he is not a good neighbor.    Bill Blau said that since the fence went up the dog has not gotten out.  ACO Malcolmson said that is not true.  Bill Blau and Scott Blau said that because of the training with the collar the dog now sits and stays on command.

 

Chairman Heitin said that the Board will not take a position this evening.  He said he would like to review the notes and Selectman Roach said he would like to speak with Officer Pitino.

 

VOTED: (Heitin/Roach) Voted unanimously to continue the dog hearing until November 3rd and at that point close the hearing to evidence.  A decision will be made on that date or at a future date

 

FY 2011 BUDGET REVIEW: diane malcolmson, animal control

 

Animal Control Officer Malcolmson said that of her $65,000 budget approximately $55,000-$56,000 is salaries.  She said her other expenses include a $3,600 fixed fee with the Town of Canton for use of the kennel, gas, van maintenance and postage.  She reviewed the various budget options.  She said her capital request includes a new van in five years.

 

FY 2011 BUDGET REVIEW: mike polimer, civil defense

 

Mr. Polimer said his budget was $10,732 with the +5% option including an increase in operating equipment.  He said that the salary line is 0.  He said that Civil Defense utilized grant money to purchase 5 LED sign boards and that they are constructing stands for these signs.  He said that Civil Defense has two capital requests.  1 – Continuation of the window replacement project

2 – Replacement and augmentation of mobile generator to replace the Korean War vintage generator that they now have.  They would like to purchase a new diesel generator to add to the Fire Department’s old bucket truck.

 

FY 2011 BUDGET REVIEW: barbra nadler, sharon public library

 

Library Director Barbra Nadler and Library Trustee Robert Levin were in attendance.  Ms. Nadler said that Sharon is leading the entire neighboring town in terms of items borrowed per capita, 13.06.  She said that fact is even more remarkable because Sharon’s Public Library is much smaller than that of the  neighboring Towns. 

 

Ms. Nadler reviewed four budget options.  She said all four budget options meet the state certification requirements. The budget with a +5% increase would allow the Library to open on Sunday for four hours with a staff that included all Step 1 non-benefited employees.

 

She said there are no capital requests for this year though Trustee Levin stated that there is an area of concern at the back of the library and if it needs to be repaired it could cost between $30.000 - $35,000. They are checking to see if the repairs could be paid for under Community Preservation Act funding.  He said he has apprised Capital Outlay Committee Chair Paul Linehan of the situation. 

 

FY 2011 BUDGET REVIEW: dennis mann, fire department

 

Fire Chief Dennis Mann said that his total budget is approximately $2.5 million. He said because of the recent hires and the related step increases that if he includes a 1% increase and the step increases he is $80,000 short when using the level funded budget.   In order to compensate for this shortfall he would have to reduce injured on duty, bereavement, and training of new hires. He added that all of these items are contractual. 

 

Chief Mann said that his capital requests include: 1 – Replacement of the Chief’s car which is nine years old and has over 100,000 miles 2 – Replacement of fire fighter’s pagers.  He said it is easier to replace all of the pages at once.  The cost: 30 pagers at $500 each for a cost of $15,000.00 3 – New tanker 4 – New ambulance 5 – Fire fighter boots

 

He said none of the budgets reflect the cost for Central Dispatch of $100,000 per year.  Town Administrator Puritz said that he anticipates that this item will be presented to priorities as an adjustment item. 

 

approval of minutes

 

VOTED: (Roach/Powell) Voted unanimously to approve the Regular Session Minutes and Executive Session Minutes of October 20, 2009

    

ANNUAL APPOINTMENTS OF SPECIAL POLICE OFFICERS AND CROSSING GUARDS

 

VOTED: (Heitin/Roach) Voted unanimously to appoint:

 

Special Police

Term

 

Maggie Powell

2010

 

Gale Simpson

2010

 

Kelly Troy

2010

 

James Keating

2010

 

Neil McGrath

2010

 

David Skulsky-Auxiliary Police

2010

 

Laura Canavan

2010

 

Deborah Trask

2010

 

Sheila Joyce

2010

 

Nicholas Cittadino-Auxiliary Police

2010

 

Crossing Guards

 

 

Term

Beverly Blackler - Crossing Guard & Parking Clerk

 

2010

Marcia Bloom - Crossing Guard

 

 

2010

Barbara Morrison - Crossing Guard & Parking Clerk

 

2010

Simone Rudinsky - Crossing Guard

 

 

2010

Leah Stella - Crossing Guard & Parking Clerk

 

2010

Andrea Sullivan - Crossing Guard fill-in

 

 

2010

 

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

 

The Board adjourned at 9:30 P.M.

 

Heitin: Aye

Roach:  Aye

Powell: Aye