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HomeMy WebLinkAboutSelect Board 04/05/2023Not F 1. C Mr. h 2. noted 2025. then Select Board Meeting Minutes April 5, 2023 Mr. Michael Trowbridge, Chair; Mr. Frank DelVecchio, Vice -Chair; Neil Rhein, Clerk;- rR I VED rl far' ,,� P were present in Meeting Room 3 A/B at Town Hall. Kevin Dumas, Town Manager a rya `° i 1' 1 CE ✓ere also present. mt: Ms. Diana' Bren ti13 20 A 3 3 n Order Select Board Meeting - Pledge of Allegiance lij r __ 3el Trowbridge, Chair called the meeting to order at 5:30PM. He asked those present to state tf,e' allegiance. He then, reminded everyone that the meeting was being broadcast live and taped for )adcast on Mansfield Cable. an iced Ms. Sarah Raposa and she came forward and stated that she has been a Town Planner n electedPlanning Board member for the Town of Medway where she resides. The Select elcomed her and wished her the best. is Report DC and he was able to meet with < offices. He stated that it is expectE improving water quality. Mr. Rhein asked about the sale of is just waiting for a closing date frc 4. Resident Questions and Comn Mr. Wayne Smith of 6 Judy's Lane gets notified when there are minu signed up to get them you will be i to which' meetings; he gets notified research what is happening. Mr. A Mr. Joseph Britt of budget, salaries th< LaCasse and Mr. Di: Subcommittee mee dedicated night for The Chair skipped Select Board Meeting April 5, 2023 iments on Town Manager's Report hat they are interviewing candidates again for the Chief Assessor position. r payment drop box installed at Town Hall that is more secure and he in extension to a bill that allows for remote meetings until March 31, working on the project schedule for this construction season and he Eprojects and the Planning Board's rezoning bylaws for TOD. Mr. Dumas Director, Chris McDermott to come forward and provide an update. Mr. sting that he will be working with the Town of Norton on an intermunicipal Mr. Dumas provided an update on the meetings he had in Washington, ff from Senator Markey, Senator Warren and Representative Auchincloss that the federal government will be giving funds to each state to help with he North Main Street fire station and Mr. Dumas stated that Town Counsel mthe buyer. There were no other questions from the Board. ad that he does not get notified when there is a meeting posted, but >ooted. Mr. Dumas stated that as soon as an agenda is posted, if your led. Mr. Smith adamantly stated that he is signed up and its selective as Mr. Dumas asked him to speak with Ms. Nancy Griffin in his office to vitz commented that he believed it was not intentional. unty Street came forward and asked questions in regards to the Towns proposed e getting allocated to water, George Street bridge and about the Police Chief. Mr. mswered his questions and Mr. Trowbridge encouraged residents to view the Budget rom March 29' for budget information and noted that on May 31 there will be a udget. public hearing agenda number 8. oe S. Water and Sewer Rate Presentation with David Fox of Raftelis Mr. Josh Reinke, DPW Director came forward and began his presentation by going back to Fall Town Meeting of 2020 when a $13.9 capital project was approved of the PFAS treatment at Cate Springs well. He then stated that the Walsh well project was started and should be complete in the summer of 2023. Mr. Reinke then provided a forward look ahead of the future CIP projects. Lastly, Mr. Reinke provided a slide showing the plan for water and sewer rates. The plan showed that from FY21-FY23 a five percent increase to water rates was suggested and approved and for sewer FY22-FY23 a three percent increase to sewer rates was approved. Mr. Reinke stated that he is proposing the Board approve a five percent increase to water and a three percent increase to sewer for FY24. Mr. Rhein asked if the filters are just really large Britta filters and Mr. Reinke agreed that they were and the carbon removes the PFAS from the water. Mr. Aptowitz asked some questions about the MUNIS reports and believed the budget report needs to be seasonalized. Mr. Dumas responded that they could run a report that was year to date for this year and run the report for the same dates in the previous fiscal year so that they could compare. Mr. David Fox from Raftelis was present and continued the presentation and stated that the Town is where he thought it would be when he made projections last year and he noted that is not something that happens often. He then applauded the Town for being so afar ahead of the curve in PFAS remediation because most communities are trying to figure out what they are going to do to deal with it. He stated he is recommending a five percent increase for FY24. Mr. Fox reviewed the water and sewer retained earnings balance over the next five years and stated that the importance of having a strong retained earning balance gives financial flexibility should something arise. He then provided the average user of water and sewer will see an increase of $9.63 per quarter with the proposed increases. Mr. Rhein asked if the increase in interest rates has had an effect on the PFAS projects and Mr. Dumas responded that Cate Springs received loan forgiveness in the amount of $960,000 through the State Revolving Fund (SRF) and it was a zero percent financing. He also noted that for Walsh well they received 1.5% interest rate on the bonded debt. 6. Discussion and Consideration of FY24 Water and Sewer Rates Motion: To approve a 5%water rate increase effective April 6, 2023. (Rhein/DelVecchio) Passes 4:0 Motion: To approve a 3%sewer rate increase effective April 6, 2023. (Rhein/Aptowitz) Passes 4:0 7. Discussion and Consideration of Amendment Application for AMDA Convenience dba Town Food Mart for a Change of Officers/Directors/LLC Managers Attorney Matthew Porter was present virtually via GoToWebinar using the call login information. He explained that this application is fairly straight forward and it is removing Mr. Dinesh Patel's name as a Director and noted that Mr. Ashok Patel has been the one hundred percent shareholder since the inception of that corporation. Mr. Dinesh Patel was a secondary Director who has not had ownership interest and is being removed. Lastly, he noted that the day to day operationsremain the same. Mr. Wayne Smith of 6 Judy's Lane came forward and stated that they are taking a name off of the license who has no ownership. Mr. Porter responded that a director is being taken off who had no ownership. Mr. Smith asked if ownership was not changing then he could stay on. Mr. Porter responded that it was a corporate decision. Mr. Smith commented that he had ownership to get the store going. Mr. Porter responded that he did not say that he had no percentage of ownership at any point as shown in the original application. Mr. Smith responded that if no ownership was changing he shouldn't need to make this change and he believed it was due to the license that is before the state. Mr. Aptowitz commented that you can be a Director without ownership. Ms. Champagne referred to the original application and stated that Mr. Ashok Patel was listed as a Director with 100% ownership and Mr. Dinesh Patel was listed as a Director with zero percent ownership. Motion: To approve the change of Office rs/D irectors/LLC Managers application for AMDA Convenience dba Town Food Mart. (Rhein/Aptowitz) Passes 4:0 Select Board Meeting Minutes April 5, 2023 8. 6PM Public Hearing in Accordance of M.G.L. Chapter 140 Section 157 for a Dangerous Dog Complaint made by Anna Marie Beaton for dogs owned by Patricia Olen at 890 East Street Ms. Jennifer Crotty Davis was present and swore in those members in attendance that wanted to speak during the public hearing. Mr. Rhein then read the public hearing notice for the record: The Select Board will hold a Public Hearing on Wednesday, April 5, 2023 at 6PM at Town Hall in the Select Board's Meeting Room, 3 A/B, Mansfield, MA, in accordance with MGL, Chapter 140, Section 157 to hear a dog complaint against a dog owned by Patricia Olen, 890 East Street, Mansfield, MA 02048; to determine whether the dog is a nuisance dog or dangerous dog. The Select Board will make the meeting live on Mansfield Cable Access and live virtually via GoToWebinar to ensure that interested members of the public can clearly follow and participate in the deliberations of the Select Board. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found at the Town of Mansfield's website www.mansfieldma.com. Anyone wishing to be heard should appear at the time and place designated. Motion: To open the public hearing at 6:01PM. (Rhein/Aptowitz) Passes 4:0 Officer Jeff Collins was present and provided a summary of the dog bite incident that happened on East Street, He stated that the dog Moosehead owned by Patricia Olen was being walked by Ms. Beth Booher near Flint Farm on East Street. The dog got off of its collar and latched on to Ms. Annamarie Beaton's arm. The dog was taken back to its home and Ms. Beaton was examined by the Fire Department and went to the hospital. Officer Collins stated there was a second witness who thinks the dog was latched onto Ms. Beaton's arm for twenty to thirty seconds. When speaking with Ms. Beaton she was shaken up and the area on her arm had some abrasions but the dog did not puncture the skin. Officer Collins stated he went the following day to meet the dog and owner Patricia Olen. He stated that the dog came over to him and and reacted normally to him as a stranger and was not aggressive. He stated he placed the dog in quarantine for ten days and dropped off a complaint form to Ms. Beaton. Officer Collins stated that in his opinion there were indentations, there was no blood, but it was a traumatic experience for Ms. Beaton. Mr. DelVecchio asked if the dog has a history of biting and Officer Collins stated that he is not aware of any prior incidents and that the dog was a rescue from the state of Texas. Mr. Aptowitz asked what the age of the dog was and how much it weighed and Officer Collins answered that he is estimated to be seven years old and about a hundred pounds. Mr. Rhein commented that he read that they thought he was believed to be seven years old but he may actually be younger. Mr. Aptowitz asked if there were multiple layers of clothing and Officer Collins said there were at least two or three layers. Mr. Aptowitz commented that if she was wearing a short sleeve shirt it could have been worse and Officer Collins responded possibly. Mr. Aptowitz asked Officer Collins to confirm the date of the incident and if there were any other calls for this animal and Officer Collins responded the incident was on February 8 2023 and he had no additionalcalls. Ms. Annamarie Beaton of 31 Essex Street was invited to come forward and make a statement. She stated that on February 8th she was walking from her house and when approaching Flint Farm and she saw a woman walking a husky dog. When the person walking the dog saw me, she pulled the dog into the driveway of Flint Farm and as she approached the woman had a hard time holding the dog back and the dog was lunging and barking. Then the dog broke free from the collar and he kept latching on and off my arm and the person who was walking the dog just stood there and did nothing and I was yelling for her get him off me. He then let go and was trying to jump in her face and she kept spinning and yelled "stop." He then did stop and walked back over to the dog walker. She stated that the dog walker asked to see my arm to see if there was any bleeding and at this point I felt like I was going to pass out. The dog walker stated she wanted to bring the dog to its home and I tried her to follow to the house and was trying to call the police but I couldn't. At that point she heard someone say they saw it all happen. The person helped me sit down and tried to calm me down and it all was a blur. She stated she remembers seeing the police officer, Officer Collins and the EMT. She decided to Select Board Meeting Minutes April 5, 2023 go to the hospital for x-rays and there were no broken bones, but she stated that she missed some work because she is a hair dresser. She stated that she did see on Facebook that the dog needed to be muzzled when at the vet. Mr. Aptowitz asked how long was the dog on her arm. She responded about a minute. Ms. Beaton stated that she wanted to see that this dog goes through training and wears a muzzle when he is in public. Ms. Ellen McSweeney of 1012 East Street asked to come forward as the witness to the incident. She stated that she is working remotely as a Federal government lawyer. She began by stating that she went for a walk and was coming back towards her house and Flint Farm was on her right. She stated that as she was approaching Flint Farm she looked up and she could hear a person trying to control the dog, was not sure if it was a couple but the other person was wearing a hood. She said that the dog was barking and then leaped up and griped the persons arm. She stated that the victim was screeching and it seemed like it was maybe a minute or thirty seconds and then it went back to the person who was walking it. The victim was spinning and the walker was not really doing that much. The dog walker then seemed to be screaming "show me your arm" repeatedly and aggressively and then they said "there is no blood and your okay." She stated that she stopped walking when she saw this was happening and thought that had this not happened to Ms. Beaton it could have happened to her because she was approaching in the same direction. She then heard the dog walker say we have to go to the yellow house and told the victim to follow her and could tell the victim was disorientated and she followed for a couple steps and then she stopped and dog walker continued to walk. Ms. McSweeney stated that the victim was not steady and the dog was far enough away and went over to the victim to check on her. The victim said she was not okay and a dog just bit her and Ms. McSweeney told her that she saw everything and told her she should sit down because she was shaking. Ms. McSweeney stated that she called the police and then the dog walker came back and the first question of the dog walker was are you going to press charges and that her husband was on the way and he is a cop. Ms. McSweeney told the victim to not answer questions that the dog walker was asking because she was not in a good frame of mind. She stated that the following day she was contacted to provide a statement. She stated that she later communicated with the victim to find out how she was and saw the injury. She stated that she lives near this dog and she has grandchildren and is uncomfortable with the dangerousness of this dog. She stated that it took a while for the dog to get back under control. This may be an isolated event, but saw on Facebook with the dog muzzled and medicated at the doctor's visit. Mr. Aptowitz asked if she knew the plaintiff or defendant and she responded that she did not. Ms. Patricia Olen of 890 East Street came forward as the owner of the dog. She stated that she wanted to note for the record that the dog is sixty-five pounds and not one hundred pounds and also the issue with the vet was due to the dog being a rescue he was getting unruly in the office and it is common for dogs to be medicated and muzzled when going to the vet. She stated that the Facebook post was on Everything Mansfield's page to give a shout out to the vet for taking such good care of the dog. She then stated that she was sorry and what happened to Ms. Beaton and immediately after the incident they purchased a dual collar system to ensure the dog is leashed twice should one give way there is a backup. She stated the Moosehead is playful, energetic and spirited and he is not violent or aggressive. She stated that she has put a dog down before that she couldn't trust. She stated that she is not trying to minimize what happened to Ms. Beaton but she believed that he was excited and reactive. She stated that it was a friend who was walking the dog and she believed the high energy of her friend made the dog overly excited and then the collar broke. She stated that the dog is vocal and was probably making growl sounds like he does when he plays. She stated that she herself usually has marks on her arms from him. She believed that his actions were not aggression and no skin was broken. She then stated that David Kay the dog trainer stated that the dog is non -aggressive, has a high drive and the dog is probably three to five years old and not seven years old like they originally thought. She stated that she first spoke to the trainer when they rescued the dog and he recommended waiting until the dog was settled in to their home after being rescued before beginning training classes. She stated that since the incident the dog has started to attend day care and has had training and is doing better and has made great Select Board Meeting Minutes April 5, 2023 progress and is a more balanced dog. Ms. Olen commented that the most disheartening thing is that the situation went litigious. She had not even received a police report and had received a letter from Ms. Beaton's attorney that a claim had been filed against her homeowner's policy. She stated that as the dog's owner we have complied with everything and have done due diligence to prevent this from happening again and that this was an isolated case. Mr. Trowbridge said he has seen the dog and asked if the dog walker would be walking the dog in the future and Ms. Olen stated that the dog walker will not be walking the dog any longer. Mr. Aptowitz stated that the Board has to decide what is best for the Town and keeping all the residents safe. Ms. McSweeney stated that she saw the abrasion and it was not a small bruise. She stated that the notion that we all get bruises is not a small thing and shouldn't be minimized. The dog jumped right at her it was not because Ms. Beaton, she was shaking her arm trying to get him off of her. She then said she wasn't sure if she understood properly but the owner Ms. Olen stated that she gets bruises from the dog biting her arm and she finds that to be troubling. Ms. Olen came back to the podium and stated that she was not there and asked if Ms. McSweeney went to the hospital with Ms. Beaton and Ms. Beaton shook her head that she did not. Ms. Olen stated that she believed it was encouraged for Ms. Beaton to seek legal and she thinks the situation was escalated and it should not have been. Ms. Beaton came forward and stated she had photos of her injuries and that there was nothing that she did to cause the dog to react in this way. Ms. Beaton allowed Officer Collins to release the photos of the injury. Officer Collins then provided the photos to the Select Board. Mr. Trowbridge asked Officer Collins for his recommendation. Officer Collins responded that the dog is a husky and they are mouthy. He noted that if the dog had intention it would have been worse however the victim was white and shaking and that is a scary thing. The damage done was minimal and the animal is capable of so much worse. The owners have started training and got a dual collar system. He also noted that many dogs need to be muzzled when going to the vet. He said that in his opinion is that it is a nuisance dog and not a dangerous dog and the owners are taking appropriate measures to make sure it does not happen again. Mr. DelVecchio asked if muzzling or a fence would be recommended. Officer Collins stated that he did not think the dog was a danger or aggressive and there was an incident and does not see how the Board can fix this without doing something fairly drastic and he didn't have a recommendation for that. Mr. Aptowitz stated that if the Board is going to require a muzzle then he felt that he was going to be before the Board a lot more. Mr. Rhein asked if there was a fence at the property where he lived and Officer Collins responded there is a trolley system and there is not a fence. Mr. Trowbridge asked Town Counsel to confirm the steps and what the Board needs to decide. Mr. DeRensis came forward and stated that the application before the Board is a dangerous dog complaint, The Board has three choices to either dismiss the complaint, decide it is nuisance dog or dangerous dog. If the Board decides it is a nuisance or dangerous dog they would then choose a remedy. Motion: To close the public hearing.:(Rhein/DelVecchio) Passes 4:0 Motion: To deem the dog Moose owned by Patricia Olen a nuisance dog. (Rhein/Aptowitz) Passes 4:0 Motion: To require that the dog Moose be collared with dual system and properly leashed and muzzled when outside the owner's property. (Aptowitz/Rhein) Mr. DelVecchio asked if there were varying types of muzzles. Officer Collins responded that there are fabric ones that are used when taking to the vet however when walking the dog and they should use one that is referred to as a basket muzzle. Ms. Champagne then asked for confirmation of what property meant, was it the four walls of the home or outside of the yard. Mr. Aptowitz stated that it is when off property of the owners. Motion Amended: To require that the dog be collared with a dual system and properly leashed and muzzled with a basket type muzzle when outside of owner's property lot. (Aptowitz/Rhein) Passes 4:0 Select Board Meeting Minutes April 5, 2023 The Chair then moved back to agenda number 5. 9. Consideration to Approve and Sign the 2023 Town Election Warrant Motion: To approve and sign the 2023 Town Election Warrant. (Rhein/Aptowitz) Passes 4:0 10. Discussion and Consideration to Approve the DAR Marker for Nathaniel Hodges Mr. Dumas stated that this was for the Town owned cemetery on Union Street and because there is not a Cemetery Commission it would be a vote of the Select Board to approve this request. Motion: To approve the DAR Market for Nathaniel Hodges. (Rhein/Aptowitz) Passes 4:0 11. Discussion and Consideration of 2023 Commercial Parking License Renewal for Xfinity Center located at 885 South Main Street Motion: To approve the 2023 parking lot license renewal for Xfinity Center located at 885 South Main Street. (Rhein/Aptowitz) Passes 4:0 12. Discussion and Consideration of 2023 Commercial Parking License Renewal for Mass Arts Center located at 888 South Main Street Motion: To approve the 2023 parking lot license renewal for Mass Arts Center located at 888 South Main Street. (Rhein/Aptowitz) Passes 4:0 13. Consideration to Take a Vote of Support for the FY2024 Budget Motion: To support the FY2024 Budget as currently prepared. (Rhein/DelVecchio) Passes 4:0 14. Consideration to Take a Vote of Support for Special Education Funding to Our State Legislatures Motion: To support sending a letter to State Legislatures for consideration to increase funding for special education. (Rhein/DelVecchio) Passes 4:0 15. Select Board Member Committee and Liaison Updates Mr. Aptowitz had no updates. Mr. DelVecchio stated he mentioned the Budget Subcommittee in the prior agenda item. Mr. Trowbridge stated that Mr. Britt had a lot of questions earlier about the budget and would encourage residents to watch the recording of that meeting. Mr. Trowbridge stated that CIP would start meeting next week. 16. Resident Questions and Comments There were no questions and comments 17. Review and Approve Consent Agenda All items on the Consent Agenda may be adopted with a single motion. Any member of the Select Board may request that an item be withdrawn from the Consent Agenda for separate consideration in which case that item will be voted on separately from the remainder of the Consent Agenda. All licenses have been routed through Town HallDepartments and any conditions have been noted below. A. Vote to Approve Meeting Minutes: • March 15, 2023 • March 29, 2023 B. Vote to Approve Warrants: • Town Vendor Warrant No. 23038T in the amount of $417,693.39 • Electric Vendor Warrant No. 23038E in the amount of $48,432.41 • School Vendor Warrant No. 230385 in the amount of $825,081.02 • Town Vendor Warrant No. 23039T in the amount of $267,100.61 • Electric Vendor Warrant No. 23039E in the amount of $281,877.79 • Town Vendor Warrant No. 23040T in the amount of $1,742,480.59 Select Board Meeting Minutes April 5, 2023 • Electric Vendor Warrant No. 23040E in the amount of $1,963,928.02 • School Vendor Warrant No. 23040S in the amount of $469,047.54 C. Consideration of Permits and Licenses: • Consideration of Banner Application for Boy Scout Troop 51 • Consideration of Special Events Application for Mansfield Mom's Club and John's Dream Ice Cream • Consideration of Special Events Application for Keep Mansfield Beautiful • Consideration of 2023 Drainlayers Application for MRC Contracting Inc. D. Proclamations and Certificates Motion: To approve the consent agenda. (Rhein/DelVecchio) Passes 4:0 18. Consideration and Approval of Town Payroll Warrants: • Town Payroll/Town Medicaid Payroll 23038PT in the amount of $416,246.72 Motion: To approve Town Payroll/Town Medicaid Payroll 23038PT in the amount of $416,246.72. (Rhein/Aptowitz) Passes 4:0 • Town Deductions Vendor Payroll 23038TV in the amount of $133,855.48 Motion: To approve Town Deductions Vendor Payroll 23038TV in the amount of $133,855.48. (Rhein/Aptowitz) Passes 4:0 • Town Payroll/Town Medicaid Payroll 23039PT in the amount of $396,862.20 Motion: To approve Town Payroll/Town Medicaid Payroll 23039PT in the amount of $396,862.20. (Rhein/Aptowitz) Passes 4:0 Town Deductions Vendor Payroll 23039TV in the amount of $133,738.63 Motion: To approve Town Deductions Vendor Payroll 23039TV in the amount of $133,738.63. (Rhein/Aptowitz) Passes 4:0 School Payroll/School Medicaid Payroll 23039PS in the amount of $1,865,505.24 Motion: To approve School Payroll/School Medicaid Payroll 23039PS in the amount of $1,865,505.24. (Rhein/Aptowitz) Passes 3:0:1(Trowbridge Abstained) School Deductions Vendor Payroll 23039SV in the amount of $563,604.84 Motion: To approve School Deductions Vendor Payroll 23039SV in the amount of $563,604.84. (Rhein/Aptowitz) Passes 4:0 • Town Payroll/Town Medicaid Payroll 2304OPT in the amount of $404,824.38 Motion: To approve Town Payroll/Town Medicaid Payroll 2304OPT in the amount of $404,824.38. (Rhein/Aptowitz) Passes 4:0 • Town Deductions Vendor Payroll 23040TV in the amount of $132,854.47 Motion: To approve Town Deductions Vendor Payroll 23040TV in the amount of $132,854.47. (Rhein/Aptowitz) Passes 4;0 19.Correspondence • Notification of Price Changes from Comcast • Notification of Programming Advisory from Comcast • Letter from the Commonwealth of Massachusetts — Verizon Cable License Expiration 9/23/23 • Appointment Letter from Superintendent for 250th Celebration Committee • Letter from Legacy Engineering for Community Outreach Meeting for proposed adult -use retail store and medical retail store • Invitation to Mansfield Food Pantry 25'h Anniversary • Letter of Eagle Scout Ceremony for Daniel Garrahy, Dhruv Madan and SriRishi Atluri • Letter from TEC Associates of the 2023 Amtrak Vegetation Control Program • Notification from Verizon of CTB Form 400 Statement of Ownership • Letter from Southeastern Regional School District Mr. Rhein read a summary of each correspondence item listed above. Select Board Meeting Minutes April 5, 2023 20. Select Board Member's Comments and Questions Mr. Rhein stated that the Great Mansfield Cleanup is scheduled for April 29th and interested residents can register online. Mr. Aptowitz noted that there will be a Light Commissioners meeting Monday night. 21. Any items not anticipated by the Chair 48 hours prior to this meeting There were no items. 22. Adjourn Motion: To adjourn the April 5, 2023 Select Board meeting at 7:52PM. (DelVecchio/Aptowitz) Passes 4:0 Siiiiature Minutes prepared by Carrie Champagne q "q L-� Date Select Board Meeting Minutes April 5, 2023