SELECTMEN=S MEETING

MINUTES

BOARD OF SELECTMEN MEETING

Tuesday, March 29, 2011

7:00 p.m.

The meeting of the Board of Selectmen was held at 7:02 p.m. in the Sharon Town Hall with Chairman Walter “Joe” Roach, Selectman, Selectman Richard A. Powell, Selectman William A. Heitin and Town Administrator Benjamin Puritz

FINBAR GRIFFIN: OUTDOOR SEATING AND MUSIC AT MICK MORGANS

Finbar Griffin and Mick Morgan came before the Board to discuss outdoor seating and music at Mick Morgans on Route 1. Mr. Griffin reviewed with the Board his plans for the outside area including a stage near the restaurant. He says the bar is in poor condition and he plans on knocking it down and building a new bar. He said he has spoken to Fire Deputy Cummings and Deputy Chief McGrath regarding his plans. He said in terms of the music he plans on background music. He said the music choices of Frank Sinatra and blues indicates his target demographic. Currently, there are police details Friday and Saturday evening. Mr. Griffin said he is pulling a permit with the Building Inspector for the new wooden seats in the outdoor area. He also plans on putting television in the outside bar as well. Mr. Griffin said he plans on music also on Sunday afternoons. Mr. Morgan said he has not had any complaints from the neighbors since he opened the restaurant.

VOTED: (Powell/Heitin) Voted unanimously to approve the outside seating bar area as submitted in the diagram subject to approval by the Building Inspector, Fire Chief and Police Chief

DPW SUPERINTENDENT eRIC hOOPER: wATER rATE hEARING

VOTED: (Powell/) Voted unanimously to open the water hearing.

Mr. Hooper said in the December the Water M a Committee had presented the results of the water study. At that time he aid they would be looking for a rate increase in order to accomplish the goals set forth by the Master Plan. He highlighted certain aspects of the plan:

20 year plan
27 projects valued at $14 million
8 other projects worth $10 million

This results in costs of approximately $1.2 million per year. He said based on our current budget operating costs with no system maintenance is approximately $1.8 million per year. He said our current revenues are approximately $2.1 million per year – though for the past two years the Town has not received this amount of revenue. However, that leaves the Town $900,000 short. He said we have 20 miles of pipe that is over 100 years old and another 30 miles of pipe that also needs to be replaced. Mr. Hooper said the minimum rates have not changed since the 1980’s while rates have increased the most for high users. He is proposing a large increase for low users from $60 per year to $120 year will impact approximately 500 homes. He spoke about following the NSTAR model for people of lower means. Chairman Roach said he is concerned about the increase and asked that the increase be gradual utilizing a tiered approach such as $15 per year. Mr. Hooper is trying to explain that this is the base fee to obtain water. Selectman Powell asked how much of the fee can be attributed to the long-term growth projects. Mr. Hooper the breakdown is $700,000 in rehabilitation projects and $500,000 in growth projects.

David Crosby, Chairman of the Water Management Advisory Committee (WMAC) is not included in these estimates. He said this is a $5 per month increase and is something that has not changed in over 20 years and is lower than other Towns. He said the WMAC is working on revising the rate structure. Selectman Heitin said the Town is trying to develop a rate structure that will appropriately allocate fixed expenses and variable expenses. He said that if the Town has a catastrophic event the Town does not have the money to fix it. He also said everyone should pay the same amount to bring the first gallon of water to each home. He also said that last year the Board recommended only 50% of the increase recommended by the WMAC. Chairman Roach said he thinks that the increase to the lower end is too high. Chairman Powell asked if the WMAC could look only at the 27 projects. This would reduce the costs to $700,000 per year and then pay for the other projects individually. Mr. Hooper said that it is not good policy in case of an emergency. Mr. Hooper said that this rate structure is temporary as he plans on introducing a new payment structure next year. David Crosby said the WMAC is working on a philosophy regarding covering the operating costs. Alice Cheyer who also was in attendance had sent an email to the Board expressing her concern and suggested that “a fairer increase would be a 33% increase for base rate and smallest users, which would still exceed the mere 25% increase for large users.”

The Board said they are not prepared to vote at this time.

Paul Lauenstein of the WMAC said that the water rate used for the past few years has been successful in incentivizing the community to conserve water as there has been a 20% reduction in water use. He said this reduction has allowed the Town to put off some improvements and save the money. He said the rate increase at the lower level will impact those who conserve water as well as those who are financially challenged. He said the incentive of having a low base rate is important though he thinks there should be an increase. David Crosby said that the rate needs to go up at the lower level since rates have not been increased at the lower level since the 1980s.

He said the WMAC voted unanimously in favor of this rate structure. Mr. Hooper said in response to a question by Selectman Powell that when the rates were increased for the high users their water usage didn’t change. He also said that there are few people at the high level and the low level. He also said the summer water use restrictions have improved water conservation. Bob Parish said that the other rates are going up even more than the lower rates. He brought up expenses that are being charged against the Water Department. Mr. Hooper explained why street sweeping is being paid for by the water department. He said that salt on the street would negatively impact the water.

VOTED: (Powell/Heitin) Voted unanimously to close the water rate hearing

lAURA SALOMONS: TOWN MEETING PETITON ARTICLE REGARDING PAYMENT OF SCHOOL BUS FEES

Ms. Salomons said that even though she is on the School Committee this is her petition. She said the School Committee vote was 3 -3 on this issue which means it was not approved. She said that current state law says that the Town must provide busing for children K – 6. She said the rest of the students must pay $500 per student and $250 for one way. She said the petition would exempt Sharon from mandatory free busing. She said this is an unfunded mandate of $471,000. Selectman Powell said that he signed the petition as he believes all children who use the bus should be treated similarly. Sudbury is seeking to be exempt as well. Ms. Salomons also said that if a student requires for free lunch they do not have to pay for busing or receive a reduced rate.

BARRY BARTH: CANDIDATE FOR ALTERNATE ON THE ZONING BOARD OF APPEALS

Mr. Barth said that he has lived in Sharon for almost 19 years and has two children in the Sharon School System. He said he is an Attorney who is involved in developing and franchising new restaurant locations for Panera Bread. He said he would like to give back something to the Town.

DANIEL ROSEN: TOWN MEETING PETITION ARTICLE REGARDING CHANGING USE OF SACRED HEART PARCEL

Mr. Rosen said that the petition would expand the allowed uses at the Sacred Heart site. He said this would allow the parcel to be a home for adults with special needs. He said the wording is such that would limit the site to housing with an educational component. Mr. Rosen said currently there are five approved uses for the site. They are: library, police, municipal office, senior center and recreation and this would be the sixth use. Gary Bluestein said this is a very high use area for the abutting recreational areas and he has concerns about safety issues. Chairman Roach said they have asked the Sacred Heart Reuse Committee to look at all of these factors and make a recommendation to the Selectmen. Selectman Powell asked what would be allowed under this usage for a residential component. Mr. Rosen said this is not a proposal but only a change of use and it would be under the Selectmen’s purview.

RICHARD GORDEN: CANDIDATE FOR ALTERNATE MEMBER ON THE COUNCIL ON AGING BOARD

Mr. Gorden said that he has been an Assessor and involved in recreation activities and would like to get involved with the Council on Aging. He said he is available in the afternoon when the Council on Aging Board meets.

VETERAN’S AGENT PAUL BERgERON AND ADRIANA O’SULLIVAN: blue star marker

Veteran’s Agent Paul Bergeron said that the Blue Star would honor all veterans. He said he believes the dedication could occur on the Sunday of the Memorial Day weekend after the Town celebration. He believes that the marker

should be placed outside the Town Hall near to the World War I monument.

Adrianna O’Sullivan, representing the Sharon Garden Club, first saw the “Blue Star” marker in Hull during Veteran’s Day services. She shared with the Selectmen her vision for the marker and said that this is a national initiative by the National Garden Club, Inc. Chairman Roach said he would like to see the dedication on Veteran’s Day in the evening. Chairman Roach said he would be happy to lend his assistance.

VOTED: (Powell/Heitin) Voted unanimously to authorize that the Blue Star Marker be placed in the center of Town (Town offices)

MINDY KEMPNER; CANDIdATE FOR ALTeRnATE MEMBER ON THE COUNCL ON AGING BOARD

Ms. Kempner said that she has served as the President of the Friends of the Council on Aging. She attends the Council on Aging meetings regularly. She said that they need more people on the Friends and will withdraw her application. Should she apply later this will serve as her interview with the Board,

APPROVAL OF MINUTES

VOTED: (Heitin/Powell) Voted unanimously to approve the Regular Session and Executive Session Minutes of March 15, 2011

OPENING OF WARRANT

VOTED: (Powell/Heitin) Voted unanimously to open the 2011 Warrant Annual Town Meeting Warrant for the Article

VOTED: (Heitin/Powell) Voted unanimously regarding the Community Preservation Committee’s transfer to the Conservation Commission

VOTED: (Heitin/Powell) Voted unanimously to close the 2011 Annual Town Meeting Warrant

VOTED: (Heitin/Powell) Voted unanimously to sequence the Annual Town Meeting Warrant as presented on the draft dated March 29, 2011

Article 2 - There was discussion of the Sacred Heart Article - Powell said he believes this is too intense a use to be compatible with the site. Chairman Roach said that he is not against this type of housing – he is against housing in a sports complex. Selectman Heitin said he is opposed as well.

Article 21 - There was discussion about the Community Preservation Committee spending $15,000 regarding the property at 154A Billings Street to pay a third party to monitor the Conservation Restriction. The Board would like to hold on this until the November Town Meeting.

INDEX

DRAFT 3.29.11

Non-Recurring Articles Are Bolded
	BOS Position Selectmen
SPECIAL WITHIN THE Annual Town Meeting
1 –Request that funds from Fiscal year 2010 be set aside for use on the FY 2014 Revaluation. (Board of Assessors)	Yes – Unan

ANNUAL TOWN MEETING
1. Finance Committee Members	Yes – Unan
2. Petition to change use of part of Sacred Heart parcel (Dan Rosen et al…)	No – Unan
3 – Petition to charge all riders of the bus regardless of distance from the school since the state does not reimburse for busing any longer. (Laura Salamons et al…)	Roach – Not ready to vote Powell – Yes Heitin - Yes
4. Personnel Bylaw	Yes – Unan
5. Budgets/Compensation of Elected Officers	Yes – Unan
6. Norfolk County Retirement	Yes – Unan
7. Addition to Stabilization Fund	Yes – Unan
8. Unemployment	Yes – Unan
9. Sharon Friends School Fund records and appointments	Yes – Unan
10. Act Upon Reports	Yes – Unan
11. Annual Audit	Yes – Unan
12. To grant authority to extend date of reinspection contract for three additional years (Board of Assessors)	Yes – Unan
13. Change of use to allow for Cell Facility on Wolomolopoag/East Foxboro St.	Yes – Unan
14. Capital Outlay Articles	Hold-COC Mtg.
15. Article to rescind capital borrowing authorized at Town Meeting/never borrowed.	Yes – Unan.
16. Change to Police Department regulations regarding declared emergencies and specific hours for overnight parking	Yes – Unan.
17. Permit Police Department to fingerprint and CORI *Check door to* door hawkers and peddlers in community**	Yes – Unan.
18. Veterans’ Exemption	Yes – Unan
19. Community Preservation Committee Annual Funding – Administrative Expenses	Yes – Unan
20. Transfer of funds to debt service budgets for bond payments regarding Horizons for Youth land.	Roach – Abstain Powell – Yes Heitin - Yes
21. Community Preservation Committee Projects Funding Requests	No – Unan
22. Community Preservation Committee appropriation and transfer to the Conservation Commission Fund (NEW)	Yes – Unan
23. Increase the number of members of the Council On Aging Council. “The Council shall consist of from seven to eleven members and two alternates appointed by the Board of Selectmen for a term of three (3) years, unless the appointment is to fill the unexpired term of a retiring member. At least five members shall be over the age of sixty (60) at the time of their appointment.” (Council On Aging)	Yes – Unan
24. Edit General By-law language regarding the Selectmen’s choice to call a Fall Town Meeting due to contradiction in current article. Section 1 states The Town Meeting “shall” meet twice in each calendar year. Section 5 was amended to change “shall” to “may”, but Section 1 was not amended.(Selectmen)	Yes – Unan
25. Revolving Fund Reauthorizations	Yes – Unan

VOTED: (Powell/Heitin) Voted unanimously to close the 2011 Annual Town Meeting Warrant

VOTED: (Powell/Heitin) Voted unanimously to sign the 2011 Annual Town Meeting Warrant

SUPPLEMENTAL AGENDA

CONSIDER NOTIFYING ABUTTERS OF CHANGE TO ALLOW FOR CELLULAR USE TOWN MEETING ARTICLE

Selectman Heitin said that the Finance Committee has requested that the Selectmen consider notifying the abutter of 411 East Foxboro Street. He said that when and if someone decides to use the property there is an extensive notification process for abutters. Selectman Powell that they do not do this for any articles that impacts individual neighborhood and he thinks it would set a precedent for all future articles.

CONSIDER FINANCE COMMITTEE RECOMMENDATION REGARDING FY’12 BUDGET

Town Administrator Puritz said that the Finance Committee has made a recommendation of 2% rather than 2.41% which was approved by the Priorities Committee. He said that the current 2.41% budget will add to the cash reserves and will not increase the tax levy. He said that the Finance Committee’s budget recommendation was determined prior to their review of the budgets. Selectman Heitin said that for the past two out of three years there was no increase in taxes. He reviewed the various reasons for this phenomenon: decrease in capital expenditures, decrease in health insurance and nominal increases in labor costs. He also said the Selectmen have dramatically increased revenue as well. Selectman Heitin said he doesn’t understand the rationale for the 2%. Chairman Roach said the Selectmen have been working on the budgets for six months. Selectman Powell said he was in agreement and said that the budget is responsible and supports the Town’s needs without a tax increase.

VOTED: (Roach/Powell) Voted unanimously to that the Board move into Executive Session for updates on collective bargaining with the firefighters, SMEAS and AFSME and a real property lease for the Administration Building at Horizons for Youth. (Roach to recuse himself) Also to be included is interpretation of the FSLA matter. Chairman Roach declared that all of these issues if discussed in public would have a detrimental impact on the Town. At the conclusion of Executive Session the Board will adjourn for the evening.

The meeting adjourned at 9:10 p.m.

Roach: Aye

Powell: Aye

Heitin: Aye