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HomeMy WebLinkAboutSELECTMENminutes05182011 Town of Mansfield Board of Selectmen Minutes of May 18, 2011 Present: Chairman Jess Aptowitz, Vice Chairman Olivier Kozlowski, Clerk Douglas Annino, Selectman Kevin Moran, William Ross Town Manager, Paul DeRensis, Town Counsel Selectman George Dentino Absent: Vicious Dog Hearing Attorney DeRensis swore Animal Control Officer Jeffrey Collins and Mr. David Arno (dog owner) in so they may provide their sworn testimony. Chairman Aptowitz asked Mr. Arno if he was represented by counsel in this matter and Mr. Arno responded he was representing himself. Animal Control Officer Collins provided the viewing audience with a description of events of the incident of March 30, 2011. Mr. Arno stated that he was working in his back yard with his dog on a run. He went into the house to make a phone call and then saw from the window that something was going on outside. He went out and saw a woman on the ground that had been bitten repeatedly by his dog. He then went back into the house and called 911 for the victim. Mr. Arno was not aware that the incident was discussed by the Board of Selectmen and reported in the paper until Sun Chronicle newspaper report Patrick Anderson contacted him. Mr. Anderson did a story in the paper representing his side of the event and saw that his dog was not vicious. Mr. Arno did state that the dog did not like bikes. (people riding by on bikes). Attorney DeRensis took the stand and asked Mr. Arno a few questions about the insurance coverage for the victims injuries. He then asked for a copy of the police report to be entered in record. Orysia Petrosh, dog bite victim, came to the stand and was sworn in by Atty. DeRensis. Ms. Petrosh gave a brief description of the incident as well to the board and audience. Selectman Moran asked Officer Collins if the dog was acting in an aggressive manner. Officer Collins stated that yes; the dog was lunging at the victim and was pepper sprayed by the mail man that was witness to the incident. Board of Selectmen Minutes of May 18, 2011 Selectman Moran then asked if the dog had been loose before and if there had been any prior incidents. Mr. Arno stated that he had been loose in the yard however he did not have any problems with neighbors. Mr. Arno did state again that the dog did fear bikes. Selectman Annino asked Officer Collins if he could define the term "vicious dog'" to the audience. Atty. DeRensis gave the legal description of vicious dog or animal. (Section 1, Chapter 8 of the town bylaws) Selectman Kozlowski asked Officer Collins how long dog licenses are good for and from when they are issued to expiration date. Selectman Kozlowski then asked if the dog was pepper sprayed by the mail man. Mr. Arno did not believe that the dog was hit with the spray as he did not seem distressed. Ms. Petrosh stated that while the spray was used she did not think the dog was hit in the face or eyes as well. The spray was general in nature. Selectman Kozlowski asked Mr. Arno if he owned the property and if the insurance company had confirmed that the incident would be covered. Mr. Arno stated that he did own the property and has submitted the claim. He is under the impression from his agent that the incident will be covered. Selectman Kozlowski then asked if the clip on the dog run was secure and Mr. Arno stated that when the dog runs in circle some times the clip will pop open. Over the winter the clip had rusted and he had not really noticed it wasn't working right until further investigation. Selectman Kozlowski then asked about the history of the dog having issues with bikes. When Mr. Arno was walking the dog he noticed that he would bark at people on bikes, not people walking, etc. just bikes. Selectman Annino stated that as a dog owner this is the worst thing that could happen. He is sorry for both parties pain. However, he is concerned with the dogs aggressive behavior. He then asked Atty. DeRensis to explain the legal term of declaring a dog vicious and the ramifications of such. The range is from no action to euthanasia of the animal and anything in between. Chairman Aptowitz asked Mr. Arno if the dog had ever bit anyone before prior to this incident. Mr. Arno stated no. Atty. DeRensis swore in Mr. Steve Nickerson, Ware St. neighbor. He stated that the dog has gotten loose 5 or 6 times over the past year and entered his yard (with the children). Nothing happened to the children at those times but it does make them nervous. Board of Selectmen Minutes of May 18, 2011 2 Patrick Anderson, Sun Chronicle reporter, was sworn in as a witness as well. He stated that he had visited the dog in question and did not have any issues. Mr. Arno stated that he did not know of the prior instances with his neighbor until now. Mr. Nickerson stated that at the time he did not realize the dog could be a problem and the dog voluntarily left the yard each time when the children went into their house. There was also question as to who the dog in question actually was in these prior incidents. (Two German Shepherds lived at the house over the past year). Chairman Aptowitz called for a vote from the Board of Selectmen. Motion: Move to support Officer Collins designation of a vicious dog. (Moran/Kozlowski) 4:0 passes Chairman Aptowitz asked the victim if she would like to state anything further. She stated no. Officer Collins stated that there are reasons for euthanasia and some not. One reason for concern was the length (50 plus feet) of travel that the dog went to attack the victim. While it was a tragic accident the dog is a threat and remains a threat to the community. Officer Collins does not take this lightly however he does recommend euthanasia for this animal. Mr. Arno stated that his dog is not vicious, just doesn't like bikes and unfortunately the victim was attacked while he was after the bike. Selectman Kozlowski asked Mr. Arno what measures Mr. Arno would take to secure the dog should he be allowed to stay with him. Mr. Arno stated the lengths he does go and will continue to go to, to secure the safety of the animal and neighbors. Selectman Annino is torn as he sympathizes with the owner over the loss of a pet; however he is concerned over the health and safety of the community. Selectman Moran stated that he was on the Animal Welfare Committee several years ago and trusts Officer Collins judgment. He asked if training would help in this situation. Officer Collins stated it is possible but you cannot always predict canine behavior. Chairman Aptowitz stated that while this is a hard decision, he must error on the side of caution and ensure the safety of our residents. Board of Selectmen Minutes of May 18, 2011 3 Attorney DeRensis asked if the dog had been neutered as that could mellow him out. Mr. Arno stated that he is neutered. Frank Guardabascio, 220 Mill St. Stated that he and his family ride in the neighborhood and does not feel safe. Motion: To place restrictions on dog via restrains and training. Any violations shall result in another hearing. (Annino/Kozlowski) 1:3 fails. Selectman Kozlowski asked Mr. Collins how successful restrains and training usually is. As expected, the results vary but training and restrains can work if utilized properly. Selectman Annino would like the Board of Selectmen to give the dog the benefit of the doubt and recommends training for such a young dog. (2 years old). There was a brief discussion among the board members as to if they should continue the hearing in a couple of weeks when a full board is present. However, Mr. Ross stated that it would not be proper for the board to hold over the hearing as Mr. Dentino was not present and involved in this hearing. Motion: To euthanize Mr. Arno's dog Nieco. (Moran/Kozlowski) 3:1 passes Chairman Aptowitz stated that while one never knows what will happen, we must protect the residents from unprovoked animal attacks when possible. Motion: 5 minute recession. (Moran/Kozlowski) 4:0 passes Constable Application Joseph Kaplan, 150 Rumford Ave resident. He is a Justice of the Peace, Notary Public and a Parliamentarian in training. He is interested in civics and the law and would like to add Constable as a complementary service to the public. Selectman Kozlowski asked Mr. Kaplan why he wants to be a constable. Mr. Kaplan stated that he would like to support the judicial system and believes he could serve the public good as a constable. Selectman Annino asked exactly does a constable do? They serve summonses, legal documents and such. Selectman Kozlowski asked Mr. Kaplan if he attends town meeting. Yes, he does. Board of Selectmen Minutes of May 18. 2011 4 Motion: To appoint Mr. Kaplan to a position of Constable for the Town of Mansfield. (Kozlowski/Moran) 4:0 passes Water/Sewer rates & summer water restrictions Lee Aziheira, DPW Director is present for discussion. The Water and Sewer Rates are increased annually to meet the funding requirements of the operating budgets. Both rates are proposed to increase by 6 ~o in accordance with previously established schedules. Sewer: In 2006, we established sewer rate projections to fund Capital Improvements that included 20~o rate increases for FY'07, FY'08 and FY'09, 12~o for FY'lO, 6~o for FY'U and FY'12. These rate projections were presented at the May 2006 and 2007 Annual Town Meetings. Three of the attached slides were presented at the 2007 Annual Town Meeting that approved the Phase I Capital Improvements for the Wastewater Treatment Plant. The fourth slide was prepared in March 2010 at the request of the Finance Committee Chairman and shows the costs for the previously established rate projections. The proposed sewer rate sheets that include a 6 ~o rate increase for FY 2012 are attached for Board of Selectmen approval. Water: We are proposing a 6~o water rate increase for FY'12 in accordance with the attached rate schedule prepared in 2010 in order to meet capital improvement costs. We have been approved for a SRF loan for the Cate Springs, Walsh Well and Albertini projects for a total of $12,717,000. Construction on these projects is starting shortly. The five (5) year water rate increase projection is based on the debt service of approximately $780,000 per year for the three (3) projects. The rate projection is conservatively based on FY 2009 water pumping of approximately 700 million gallons. The four (4) year pumping average is 740 million gallons per year. Motion: To support recommended increases as presented (Annino/Kozlowski) 3:1 passes Chairman Aptowitz stated that he feels the increases were too expensive last year and still feels that way this year. Selectman Kozlowski said he favors small government, but even the most ardent small government person expects to turn on the faucet and not have the water be brown. This is part of a plan that was approved at town meeting. Board of Selectmen Minutes of May 18, 2011 5 A new Water & Sewer Connection Fee Schedule was discussed. As condos and apartments use less water than larger homes the fees have been adjusted to reflect that. Residential use is now determined per bedroom. Motion: To accept fee schedule as presented. The new schedule would affect applicants who have not applied as of this date. (Kozlowski/Moran) 3:0:1 passes (Annino abstain) Summer water restrictions: The Board of Selectmen implements Phase I water restrictions annually starting on June 6,h and ending September 6,h. Selectman Kozlowski stated that these restrictions are actually part of our water permit. Motion: To approve. (Moran/Kozlowski) 4:0 passes Q&C None Weekly Business Warrant No. 11046T in the amount of $227,157.84 Motion: To approve (Kozlowski/Moran) 4:0 passes (Aptowitz abstain from ch# 434287) Warrant No. 11046E in the amount of $273,793.33 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 11046S in the amount of $144,281.45 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 11046PT in the amount of $266,845.21 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 11046TV in the amount of $81,408.95 Motion: To approve (Kozlowski/Moran) 4:0 passes . Meeting minutes of May 4, 2011 Motion: To approve (Kozlowski/Moran) 4:0 passes . Meeting minutes of May 11, 2011 Motion: To approve (Kozlowski/Moran) 4:0 passes Board of Selectmen Minutes of May 18. 2011 6 . Banner request from COA (Friends of the drop in center) for display November 7th to 19th for their event on the 19th. Motion: To approve (Kozlowski/Moran) 4:0 passes · Drainlayer license application from Dejonco Construction. Town Engineers recommends approval. Motion: To approve (Kozlowski/Moran) 4:0 passes Correspondence . Letter from Veterans Agent Hogan requesting permit fees for Corey Shea Flagpole project be waived. Motion: To approve (Kozlowski/Moran) 4:0 passes . Invitation to Bristol County Agricultural High School graduation on Thursday, June 9th at 7pm. · SE MA Commuter Rail Task Force appointment. Leonard Flynn is on SREPDD Committee and would like to also serve on this sub-committee as well. Motion: To approve (Moran/Kozlowski) 4:0 passes Selectman Moran would like to see if Mr. Flynn can get mileage reimbursement. . Letter from Elks inviting the Board of Selectmen to join them on Sunday, June 12th at the Flag Day ceremonies. Town Managers Report · Walsh well and Albertini well ground breaking Saturday, May 21't · SMHG update. Health care group is running at a good rate and the town will continue to monitor the premium costs. Chairman Aptowitz asked about the size of the group, any additions or subtractions in membership? Mr. Ross stated the group is stable, however they are considering joining forces with another health care collaborative. Those talks are still early though and Mr. Ross will continue to follow any changes. . Just in this afternoon: The Senate Ways and Means Committee has released their version of the budget and bill on municipal health care. Senator Timilty has been invited to a future bos meeting and will be scheduled soon. Board of Selectmen Minutes of May IB, 2011 7 BOS Updates . Selectman Kozlowski: Already covered above . Selectman Aptowitz: Town warrants should be up on web next week. Town Accountant position will be re-advertised next week. Everyone on the Board of Selectmen was upset by the dog hearing but did what they thought was best for the community. . Selectman Annino: None . Selectman Dentino: Not present . Selectman Moran: None Adjournment Motion: Adjourn meeting at 9:47pm. 4:0 passes (Kozlowski) :2)Ou.Pk- ~ Signature of Clerk :H17 42tJII Date of Approval Board of Selectmen Minutes of May 18. 2011 8