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HomeMy WebLinkAboutBOS MINUTES 09-06-2017Minutes of Board of Selectmen Meeting September 6, 2017 Present: Mr. Michael Trowbridge, Chairman; Mr. Jess Aptowitz, Vice -Chairman; Mr. Frank DelVecchio, Clerk; and Mr. Steve Schoonveld 1. Call To Order Board of Selectmen Meeting - Pledge of Allegiance Chairman Trowbridge called the meeting to order at 6:30PM. He reminded everyone that the meeting was being broadcast live and taped for future broadcast on Mansfield Cable. He asked if there were any members of the audience recording, to which there was no response. 2. Public Hearing on Dangerous Dog Complaint Made by Mr. & Mrs. Solivan at 6:30PM Motion: To open the public hearing. (DelVecchio/Aptowitz) Passes 4:0 Chairman Trowbridge read the ground rules for the public hearing. Ms. Marianne Staples, Town Clerk swore in all those who signed in to speak at the public hearing. Mr. and Mrs. Solivan of 71 Old Farm Road came forward to speak. Mr. Solivan stated that he has enjoyed living next to his neighbors for years; it has been an amicable relationship. He stated that he knew their last dog well, and the problem happened with this aggressive dog. Mrs. Solivan stated they have spoken with Ms. Foley about the dog not being on a leash, and she understands that animals can escape, and the dogs prior to this one were very friendly. Mrs. Solivan stated that she does not want to live in fear. The dog did chase her son, nipped his arm and now he is terrified. Mr. DelVecchio asked how many times this has happened where everyone was frightened. Mrs. Solivan stated there were three times and described the instances. Mr. Solivan answered that the dog comes out from between the two homes, it barks and has a stance and startles and scares. Mr. Aptowitz asked since the Board placed the temporary order if the dog has been seen off leash. Mr. and Mrs. Solivan answered they have not. Mr. Schoonveld asked what the distance was between each house. Mr. Solivan answered about forty to fifty feet. Mr. Schoonveld then asked if there is adequate fencing at the neighbor's yard to contain the dog. Mrs. Solivan answered that the only fencing is her own back yard. Mr. Trowbridge asked if Mr. and Mrs. Solivan felt safer after the dog has been required to be leashed. Mrs. Solivan answered she feels safe when she does not see activity at the house. Officer Souza and Animal Control Officer Jeff Collins were asked to come forward. Mr. Collins gave a summary of his report and stated he only saw the dog loose once and after the last meeting he saw videos from the Solivan's that show the dog off leash, but the videos were not date stamped. Officer Souza gave a summary of his report when a child was chased by the dog and may have nipped by the dog. Officer Souza stated he then went to the Clemmey residence and Mr. Clemmey brought the dog out of the home on a leash to show how friendly the dog was. Officer Souza stated that initially the dog was fine, but atone point it looked at the group of kids and lunged. Mr. Clemmey had to restrain the dog and was instructed to bring the dog inside. Mr. Clemmey returned and stated that he would keep the dog inside or on a leash when outside. Mr. Schoonveld asked if the dog was friendly when on a leash and not friendly when not on a leash. Mr. Collins answered that that was unlikely and if someone were running down the street that dog would probably chase the person. Mr. Aptowitz asked how many times he had been called to go to this house for this dog. Mr. Collins stated he had four calls on record, Officer Souza answered once. Mr. DelVecchio asked what the law was for animals being on or off their property and on or off a leash. Mr. Collins answered that once off property the dog has to be on a six foot leash or under the voice control of a competent person. Chairman Trowbridge asked Mr. Collins if he has been driving through this neighborhood and if he has seen the dog. Mr. Collins stated that he has been, but has not seen the dog. Chairman Trowbridge asked what the disposition of the dog was on the day of the incident. Mr. Collins stated that is was not showing signs of aggression or nervousness, but was on a lead and did not react to movements. Meeting Minutes Board of Selectmen September 6, 2017 Page 1 Mr. Dan Clemmey, Ms. Megan Foley of 65 Old Farm Road were present as well as their son Mr. Andrew Clemmey of 396 West Street. Ms. Foley began by stating that she was sorry that the Solivan's are afraid of their dog. She stated that the children in the neighborhood torment the dog, noting that there have been BB gun incidents, and lots of food left out along the property line. Ms. Foley stated she changed her walking path so she does not go towards the Solivan's house and has been attending training classes with the dog. Mr. Dan Clemmey stated that any time B.B. leaves their home she is on a leash and the children in the neighborhood taunt her. He stated that the grandson had let her out, but there are now a child safety locks. He also stated they got the dog as a puppy and have lived there twenty eight years and have always had a dog without problems. Mr. Andrew Clemmey stated that he has spent a lot of time with dog, and she interacts fine with kids in their family. He stated that he has seen neighborhood children laughing, playing games and antagonizing their dog, and has not seen a child scared of B.B. and added there is a path through their property that the kids use to cut through to the other street. Mr. Dan Clemmey stated the dog will stay on a leash. Mr. DelVecchio asked if it has been their practice to always have the dog on a leash. Mr. Clemmey answered they always have and when it was off the leash it was the grandson who accidentally let the dog out of the home. He also stated that they bring the dog to a farm and it is let off leash to run. Mr. DelVecchio asked if the child lock was recently installed or if it has always been on the door. Ms. Foley answered it was put on at the beginning of the summer after the incident with the Solivan's. Mr. Aptowitz asked how old the dog was when they got it. Mr. Clemmey answered she was a year old when they got her. Mr. Aptowitz asked where it came from. Mr. Clemmey answered the dog was from a reputable place. Mr. Aptowitz asked if they had taken any pictures of the kids cutting through their yard or the food being left out on the property line. Mr. Clemmey answered they had not and that he understands it is their responsibility to keep the dog on the property, but these were things the neighbors could also do to help the situation. Mr. Schoonveld asked what type of dog B.B. was and Mr. Clemmey answered it was an American Stafford Terrier. Mr. Schoonveld asked how the dog is drawn to the food on the property line if the dog is always on a leash. Mr. Clemmey answered that when it has been off leash it has gone over to the food. Mr. Schoonveld asked how long the leash is. Ms. Foley answered five or six feet. Chairman Trowbridge asked if they thought about fencing their yard. Ms. Foley answered they have thought about it. There were no questions from Mr. or Mrs. Solivan's and Mr. Clemmey and Ms. Foley. Motion: To close the public hearing. (Aptowitz/DelVecchio) Passes 4:0 Chairman Trowbridge opened up the discussion to the Board. Mr. Aptowitz stated that at minimum the dog should be kept on a leash when outside the home. Mr. Schoonveld agreed with Mr. Aptowitz and stated that based on the options the dog should be restrained at all times when out of the home because of its history of chasing. Mr. DeRensis stated the first instance is to determine if the dog is a nuisance, declare it a dangerous dog or dismiss the complaint all together. He added that if the dog is a nuisance or dangerous dog there are additional decisions to make, like to muzzle or not muzzle the dog. Mr. DeRensis added that Mr. Collins in his report did initially recommend the dog be considered a nuisance. Motion: To declare the dog a nuisance. (DelVecchio/Schoonveld) Passes 4:0 Motion: That the animal in question be required to be on a leash when it is outside the domicile and that the domicile have safety locks on all doors leading to the exterior preventing minor children from unlocking it by accident. (Aptowitz/Schoonveld) Mr. DelVecchio stated that he would like to see fencing, enough to keep the dog from getting out of the yard, not necessarily the whole yard. Chairman Trowbridge commented the fence would have to be high enough. Meeting Minutes Board of Selectmen September 6, 2017 Page 2 Amended Motion: That the animal in question be required when it is outside home it is to be leashed, the home be properly locked or there be a fenced in gated area with proper building code security. (Aptowitz/Schoonveld) Passes 4:0 3. Review of Dangerous Dog Complaint made by Animal Control Officer Jeff Collins and Consideration of Establishing a Date for a Public Hearing (Concetta Drive) Mr. Jeff Collins stated the Board could make a temporary order like the previous dog complaint, making sure dog is leashed or muzzled when outside the domicile. The dog could also be held at the Mansfield Animal Shelter. Mr. Aptowitz asked Mr. Collins suggestion was at this point. Mr. Collins answered that the owners have complied so far with everything that he has asked for and that they are doing it willingly at this point. Motion: To temporarily declare the dog a nuisance until the public hearing. (Aptowitz/DelVecchio) Mr. Aptowitz asked if there was a difference between vicious, nuisance and dangerous. Mr. Collins stated that he would consider the animal a dangerous dog which is a vicious dog and read a definition of dangerous dog. Motion Amended: To temporarily declare the dog a dangerous dog until the hearing on October 4, 2017 and therefore be restrained at all times with a leash and muzzle. (Aptowitz/DelVecchio) Passes 4:0 4. Donation from Natural Resources Trust of Mansfield, Inc. Mr. Andrews, President of the Natural Resources Trust (NRT) was present. He stated that he approached the Board of Directors of the NRT and recommended making a donation to help improve the Fulton Pond area. They voted to donate $5,000 for the project to be used for benches, trees or picnic tables. Motion: To accept the donation and use for the purposes as Mr. Andrews stated. (Aptowitz/DelVecchio) Mr. Andrews stated that the NRT would also like to donate disease resistant Elm trees for the South Common. Motion Amended: To accept the donation and use for purposes as Mr. Andrews stated as well as the tree donation from the NRT for the South Main Street Elm trees. (Aptowitz/DelVecchio) Mr. Schoonveld stated that he would like to amend the motion to include subject to review by DPW and Tree Warden Lee Azinheira. Motion Amended: To accept the donation and use for purposes as Mr. Andrews stated as well as the tree donation from the NRT for the South Main Street Elm trees subject to review by DPW and Tree Warden Lee Azinheira. (Aptowitz/DelVecchio) Passes 4:0 5. Introduction of New Mansfield Fire Fighter Andrew Perry Chief Boldrighini stated the department was here to put the badge on Firefighter Andrew Perry. He stated that Mr. Perry was hired in November of 2016 and replaced a long time employee who retired, since that time he has been in an extensive training in house. Chief Boldrighini added that Mr. Perry is a lifelong Mansfield resident and he graduated number one of his paramedic school class. Ms. Marianne Staples then swore in Firefighter Andrew Perry and his mother pinned his badge on. Mr. Perry thanked Chief Boldrighini for the opportunity and hoped to be here the next thirty two years. Mr. Aptowitz asked Mr. Perry to look around to see all your fellow firefighters and note that everyone is here to support him. He asked that the department works together and in twenty years be there to support those new firefighters come on. 6. Donation from Field of Honor Buddy Bags to the Mansfield Police and Fire Departments Ms. Jeri Rumsis was present and stated that the group is kicking off their fourth year and that their main fundraising is for Veterans. The group has made donations to Foxboro, Norton, and Easton because they cannot have a Field of Honor. She stated that the group has also been collaborating with the Police and Fire Departments to do something for the community and be proactive with the climate of the country. The idea Meeting Minutes Board of Selectmen September 6, 2017 Page 3 of the Buddy Bag came about and the Field of Honor joined with Mansfield Elks and Veterans of Foreign War to purchase these bags. Initially they were hoping to purchase three, but were able to purchase ten. Ms. Rumsis introduced everyone there who had helped. Deputy James Puleo expressed gratitude to everyone for this donation. He stated that this better prepares Mansfield for acts of violence; he stated that the buddy bag contains eight smaller pouches that can be dispersed to an able person out in the field to render aid. Each kit can treat up to eighty people in a mass incident or a large severe motor vehicle accident. This would multiply our force in the field; he added that these bags are $650 each. Ms. Rumsis was also able to get a reduced price and a more advanced bag. Deputy Puleo stated that he hopes that the citizens of Mansfield will never need these kits. Chairman Trowbridge stated he didn't realize the magnitude of the donation, but thanked the Field of Honor for this resource and the work they do. Mr. Schoonveld stated that he is grateful to have these, but hopes they are never needed. He also added that the Field of Honor continues to impress the Board. Mr. Aptowitz stated that the Field of Honor started off with a small little project and it is amazing what the group does to help our Town, but also other surrounding communities. Mr. DelVecchio added that these faces are becoming familiar and that it is an earnest, modest, and effective group of volunteers. He stated that he is always pleasantly surprised by the work that is done. Ms. Rumsis said she couldn't do it without the people behind her. Motion: To accept the ten buddy bags from the Field of Honor and put them in the hands of the public safety departments. (Aptowitz/Schoonveld) Passes 4:0 7. Consideration and Signing of the Airport Commission MassDOT/Aeronautics Division Grant for Environmental Assessment for runway 14/32 shift Motion: To approve the grant from MassDOT/Aeronautics Division Grant for Environmental Assessment for runway 14/32 shift and authorize the Chairman of the Board of Selectmen to sign the grant document. (DelVecchio/Schoonveld) Passes 4:0 8. Discussion with Planning Board on Train Station Area Traffic Issues Six members of the Planning Board were present: Ms. Beth Ashman -Collins, Mr. Joe Cerretani, Mr. Ralph Penney, Mr. Thomas French, Mr. Rich LeBlanc and Ms. Sharon Friedman, as well as Mr. Shaun Burke. Mr. French began by stating that everyone is working hard to get a rear exit out of the train station to County Street, however more still needs to be done on the 106 corridor. Mr. French added that there are things that can be done in the short term and then mid and long term steps to take to address the area Chairman Trowbridge suggested setting up a workshop with the Police, Mr. Azinheira and Mr. Alves and to review the beta study on October 4, 2017. Chairman Trowbridge added that there are acres of land in the area of the train station that can be developed. Mr. Schoonveld stated there needs to be a strategy and plan. Mr. Aptowitz agreed and stated that it will never be perfect. Mr. DelVecchio and Mr. Stanbrook also agreed. 9. Discussion and Consideration of Special Town Election for open Selectmen's seat Chairman Trowbridge stated that because of the charter, and the timeline to take out nomination papers the election cannot have the same date as the state senate election. The options are November 7 1 or November 14`h with allowing time for signatures and not getting to close to the holidays. Mr. Aptowitz added that this term will be until May 2018 when Mr. Dentino's seat was up for re-election. Motion: To call the special election for the open Selectmen's seat for the November 14, 2017 (Aptowitz/DelVecchio) Passes 4:0 10. MBTA Construction/Parking Mr. Stanbrook stated that Mr. Azinheira has a new parking plan and he will be at the September 27, 2017 meeting to present it. Meeting Minutes Board of Selectmen September 6, 2017 Page 4 11. Resident Questions and Comments There were none. 12. Review and Approve Consent Agenda All items on the Consent Agenda may be adopted with a single motion. Any member of the Board of Selectmen 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 Hall Departments and any conditions have been noted below. a) Approval of Board of Selectmen Minutes for: • Meeting of August 23, 2017 b) Vote To Approve Warrants: • Town Vendor Warrant No. 18009T in the amount of $1,809,434.32 • Electric Vendor Warrant No. 18009E in the amount of $76,064.78 • School Vendor Warrant No. 18009S in the amount of $185,635.75 • Town Vendor Warrant No. 18010T in the amount of $194,209.59 • Electric Vendor Warrant No. 18010E in the amount of $34,491.52 c) Permits and License: • Consideration of Special Events Application for Hearts of Hope Race for a Cure pending routing through Public Safety and Town Hall Departments • Consideration of Banner Application for Hearts for Hope Race • Consideration of Special Events Application for Mansfield Park and Recreation for the First Annual Mansfield Community Yard Sale • Consideration of Drainlayei's License for Joe Walsh Plumbing and Heating, LLC Motion: To approve the consent agenda. (DelVecchio/Aptowitz) Passes 4:0 13. Consideration and Approval of Town Payroll Warrants: • Town Payroll/Town Medicaid Payroll 18009PT in the amount of $419,457.53 Motion: To approve Town Payroll/Town Medicaid Payroll 18009PT in the amount of $419,457.53 (DelVecchio/Aptowitz) Passes 4:0 • Town Deductions Vendor Payroll 18009TV in the amount of $137,020.68 Motion: To approve Town Deductions Vendor Payroll 18009TV in the amount of $137,020.68. (DelVecchio/Aptowitz) Passes 4:0 • Town Payroll/Town Medicaid Payroll 1801OPT in the amount of $421,186.64 Motion: To approve Town Payroll/Town Medicaid Payroll 1801OPT in the amount of $421,186.64. (DelVecchio/Aptowitz) Passes 4:0 • Town Deductions Vendor Payroll 18010TV in the amount of $129,077.67 Motion: To approve Town Deductions Vendor Payroll 18010TV in the amount of $129,077.67. (DelVecchio/Aptowitz) Passes 4:0 • School Payroll/School Medicaid Payroll 1801OPS in the amount of $1,518,149.90 Motion: To approve School Payroll/School Medicaid Payroll 1801OPS in the amount of $1,518,149.90. (DelVecchio/Aptowitz) Passes 3:0:1 (Trowbridge Abstained) • School Deductions Vendor Payroll 18010SV in the amount of $500,511.49 Motion: To approve School Deductions Vendor Payroll 18010SV in the amount of $500,511.49. (DelVecchio/Aptowitz) Passes 4:0 14. Correspondence There were no items. 15. Town Manager's Report Mr. Stanbrook updated the Board on the DPW/Safety Complex. Mr. Aptowitz asked if the project from a budgetary perspective is within budget. Chairman Trowbridge stated the contingency could be the easiest way to compare. Mr. Stanbrook stated that there have been changes since Town Meeting with the budget. Meeting Minutes Board of Selectmen September 6, 2017 Page 5 New growth was budgeted at $1,100,000 and our certified amount is $958,557. The debt exclusion amount for the new complex is higher at $52,000. The state revenue amount was a deficit of $71,000 but had a $141,000 credit on the cherry sheet assessments. All together these changes are a $15,111 deficit and will not need to require a special town meeting and Mr. Stanbrook believes this can be made up by increasing local receipts. Mr. Stanbrook provided the Board with information about speed trailers which are $15,000 and the pole mounted speed signs are $3,500 each. Mr. Stanbrook stated that Ms. Sherri Gurnon has renderings for the Plymouth Street playground and speaking with vendor that did Memorial Park. 16. Selectmen's Questions and Comments Mr. Schoonveld asked what the timing was for Plymouth Street and Mr. Stanbrook answered next year. Mr. Schoonveld asked on the status of Lowney Common, which Mr. Stanbrook stated he would get an update on. Mr. Schoonveld referred to Boston Tropical Tree in Plainville that sold for $2,000,000, however it is taxed at $22,000 per year and then he asked if there is a way Mansfield can benchmark with neighboring towns. Mr. Schoonveld lastly stated that SRPEDD has a survey about how walkable your Town is and he suggested residents read it. Mr. Aptowitz asked for status of the tax title properties and if the Treasurer was moving forward in selling them. Mr. Stanbrook answered that the invitation to bid for auctioneering services was sent out and were due back next Wednesday. Mr. DelVecchio stated that the paving on Route 106 was done. Chairman Trowbridge stated and the green slats are in fence across from Flint Farm. Mr. DelVecchio also stated there was an uneventful opening of school. Chairman Trowbridge added there was extra police presence at the schools. 17. Any items not anticipated by the Chairman 48 hours prior to this meeting There were no items. 18. Enter into Executive Session and Not Return to Open Session under Exemption No. 3 and No. 6, M.G.L. Chapter 30A, Section 21 - • To Discuss Strategy With Respect To Collective Bargaining , As An Open Meeting May Have A Detrimental Effect On The Bargaining Position Of The Town, and the Chair so declares; and • Consideration of value, exchange, lease and acquisition of real property. Executive Session per section 21(a)(6) of the Open Meeting Law Motion: To enter into executive session for the purpose of discussing strategy with respect to collective bargaining, as an open meeting may have a detrimental effect on the bargaining position of the town, and the chair so declares, and for the consideration of the purchase, exchange, lease or value of real property and interest in real property where an open meeting may have a detrimental effect on the Town's negotiating position and the Chair has so declared, pursuant to section 21(a)(6) and 21(a)(3) of chapter 30A of the general laws and will not return to regular open session at 8:35PM. (DelVecchio/Aptowitz) Roll Call Vote: Schoonveld-Aye DelVecchio-Aye Aptowitz-Aye Trowbridge -Aye Passes 4:0 Signature Minutes prepared by Carrie Champagne Meeting Minutes Board of Selectmen September 6, 2017 7��tS0`/ Date