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HomeMy WebLinkAboutBOS MINUTES 10/04/2017Minutes of Board of Selectmen Meeting October 4, 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 6:3013M. 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 for a Dangerous Dog Complaint made by Animal Control Officer Jeff Collins at 6:30PM Motion: To open the public hearing at 6:30pm. (DelVecchio/Aptowitz) Passes 4:0 Chairman Trowbridge read the rules and procedures of the dog hearing. Ms. Karen Ludwig, Assistant Town Clerk swore in the attendees wishing to speak at the dog hearing. Mr. Jeff Collins, Mansfield Animal Control Officer came forward and stated that on August 20, 2017 Ms. Tatiana Belmonte was walking her dog Neo. The dog named Arthur belonging to Kim and Charles Ingolia was outside attached to a lead. Ms. Ingolia went inside for a minute and when Ms. Belmonte and Neo walked by, the dog lunged and snapped the collar, ran across the street and bit Neo and then bit Ms. Belmonte when she tried to protect her dog. Ms. Belmonte was taken to the hospital and Mr. Collins took Neo to Tufts Animal Hospital for treatment. Mr. Schoonveld asked on the scale of dog bites how Mr. Collins would place this. Mr. Collins answered it would be a level four bite. Mr. Schoonveld asked what was meant by the dog snapping its lead and if that meant its collar came off. Mr. Collins explained that the ring sewn into the collar broke off and was still attached to the lead. Mr. Schoonveld then asked if Arthur had any other incidents and Mr. Collins answered none that he could find, except a call that two dogs from that house were free and upon arrival Mr. Charles Ingolia was throwing a ball for the dogs, however he was in control of both dogs. Mr. Aptowitz asked if the dog was quarantined at the shelter. Mr. Collins answered it was quarantined at its home. Mr. Aptowitz asked if there have been any other incidents since the quarantine. Mr. Collins answered there were none that he was notified of. Mr. Aptowitz asked if the level four bite was to the human. Mr. Collins answered both the human and dog sustained a level four bites. Mr. Aptowitz asked the age of Arthur and Mr. Collins answered approximately two years old. Mr. Aptowitz asked if this seemed to be a onetime fluke and Mr. Collins answered that the owners have been careful up to this point, but it showed an aggressive streak when he bit. Mr. Aptowitz asked if there was any food or something that would have caused the dog to run across the street. Mr. Collins answered that there was no food, but several months prior Neo had been free off leash and was returned to his owner. Mr. Aptowitz stated that when Neo was free maybe he had gone over to that property and Mr. Collins stated that Mr. Ingolia believed that to be true. Mr. DelVecchio stated there has been a temporary order and asked if the owners had adhered to that. Mr. Collins stated that he had no calls for dog being free and has not seen the dog out walking. Chairman Trowbridge did not have any questions. Chairman Trowbridge invited Mr. Ingolia of 14 Concetta Drive to come forward to speak. Mr. Ingolia stated that he was in bed when it happened and came outside immediately when he heard the commotion. He stated that this was out of character for Arthur who has been with his family since he was a puppy. Mr. Ingolia stated that Meeting Minutes Board of Selectmen October 4, 2017 Page 1 the day Neo was loose he was home and Neo was nipping at Arthur. He added that every time after that point, Arthur would be on edge and territorial when he saw Neo. Mr. Ingolia did not think that this would happen again, and that Arthur plays with several other dogs, and that this was an isolated case. Mr. Schoonveld asked what Mr. Ingolia planned to do going forward. Mr. Ingolia answered that Ms. Belmonte wanted a fence installed and that he is willing to put up a fence. The fence has not been installed yet because he was waiting for the outcome of this hearing. Mr. Ingolia also stated that they plan to keep the dog on a muzzle and leash when he is outside of the home. Mr. Schoonveld asked if Mr. Ingolia had talked with the vet about this incident considering it was a level four serious bite. Mr. Ingolia answered that they had not. Mr. Schoonveld suggested that they talk with a vet as well as getting obedience training. Mr. DelVecchio stated that he wished the Board had talked with a vet about this situation. Mr. DelVecchio asked what the distance was between Arthur and Neo. Mr. Ingolia answered there was twenty to thirty feet of grass before the sidewalk. Mr. DelVecchio asked Mr. Ingolia if it was like a clothes line lead that Arthur was on. Mr. Ingolia answered that it was a metal cable attached to the side stair entrance of their home. Mr. Ingolia added that the collar was a Patriots collar that looked cool and was purchased on vacation, but looking back it was not a good choice of a collar for Arthur. Mr. Ingolia stated that Ms. Belmonte doesn't want the dog put down and she seems to agree that a fence would be the answer. Mr. Ingolia stated that he felt terrible that this happened and does not understand why Arthur did this other than he was being protective. Chairman Trowbridge asked if training has been considered for the dog. Mr. Ingolia answered that he believes the dog would benefit from training and is very smart, but it is a financial issue. Mr. Collins came forward again. Mr. DelVecchio stated that the Board just heard testimony that the person who was bitten only wants a fence put up and does not want the dog to be put down, and asked if Mr. Collins had the same testimony. Mr. Collins stated that he did and that the whole neighborhood would feel more comfortable with a fence. He added that he had no prior incidents on this dog and there was no way to plan for an accident. Mr. Collins also stated that a fence and a lead and muzzle when the dog is off the premises should prevent any other accidents. Mr. DelVecchio asked if a dog on a lead tied to a post is acceptable. Mr. Collins answered that the state law changed last year and most people are unaware of the change and as they are seen, Mr. Collins informs residents that it should be an overhead lead. Mr. Aptowitz asked if there is a certified collar and Mr. Collins stated there is not one. The brand names are pretty reputable and collars are made for different size dogs. The collar that was on Arthur broke when the stitching gave way. Mr. Schoonveld asked if there is enough room for a fence at the property. Mr. Collins answered that the yard itself from the side street to the house is about twenty feet. Mr. Schoonveld asked what Mr. Collins would recommend for training and Mr. Collins answered any obedience training would be helpful. Mr. Collins also stated that the dog seems very responsive to the owners, when in the home. Mr. Schoonveld asked if Mr. Collins makes visits after this hearing. Mr. Collins answered that once every couple of months and then as he remembers, but checks the entire Town weekly. Chairman Trowbridge asked Mr. Collins what his recommendation was. Mr. Collins answered that he would recommend a fence, lead and muzzle when the dog is outside the home and that any infraction could change that. He stated that if the Board declares the dog a dangerous dog, a fence is not an option. The dog would need to be declared a nuisance to enforce putting up a fence; it would have to be an enclosed pen if it is a dangerous dog. Motion: To close the public hearing. (Aptowitz/DelVecchio) Passes 4:0 Meeting Minutes Board of Selectmen October 4, 2017 Page 2 Motion: To declare the dog a nuisance. (DelVecchio/Aptowitz) Passes 4:0 Motion: To require a fence be placed on the property capable of restraining the dog should he escape from the home, and when the dog is outside the property, he must be restrained and muzzled. (DelVecchio/Schoonveld) Chairman Trowbridge stated that he would like training and documentation within four months be provided to ACO as part of the motion. Motion Amended: To require a fence be placed on the property capable of restraining the dog should he escape from the home, when the dog is outside the property, it must be restrained and muzzled and the dog must attend obedience training within four months and documentation of training provided to Animal Control Officer. (DelVecchio/Schoonveld) Passes 4:0 3. Light Commissioners Discussion and Consideration of 50 West Church Street Garage Mr. Joseph Sollecito was present and stated that back in June he received official notice that the floor to the 50 West Street garage was not reinforced and safe for vehicles to be parked inside it. He stated that the building does not have heat or water and is just a dry storage for vehicles and equipment. There are two options presented by TBA Architects Inc. to repair the problem. Both options include demolition of the floor and removal of the debris. Mr. Sollecito noted that the asbestos was already cleaned up earlier in the spring. Mr. Sollecito explained the two options the first being a structural slab with a cost estimate of $394,000 and the second being flowable fill with an estimate of $478,000. Mr. Sollecito believes option one to be the best option. Mr. Trowbridge stated that the $400,000 estimate seemed high and was hoping it would come in lower when it goes out to bid. Mr. Aptowitz stated that these vehicles are made to be out in the snow and they may rust a little quicker. Mr. Aptowitz asked if it was worth the extra year or two of life of a vehicle for $400,000 in cost. Mr. Sollecito answered that most of these vehicles are not used daily and the maintenance cost could increase, but they are needed when it snows and it is helpful to not spend time digging them out of the snow. Mr. Schoonveld asked if there were other repairs needed to the building. Mr. Sollecito stated there was some work estimated at $100,000 that would be included with CIP for next year. Mr. DelVecchio stated that there is a cost to tearing down the building as well. Motion: To approve the $394,000 option one for the 50 West Church Street Garage. (Trowbridge/DelVecchio) Passes 4:0 4. Consideration to Sign the Purchase and Sale Agreement for 10 Columbine Road, Mansfield Motion: To sign the purchase and sale agreement for 10 Columbine Road, Mansfield. (DelVecchio/Aptowitz) Passes 4:0 Chairman Trowbridge offered free engineering services to the Mansfield Housing Corporation for this project. Mr. Aptowitz stated that this was a long road, but something nice is finally happening with the property. S. Resident Questions and Comments There were none. 6. 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) Vote To Approve Warrants: • Town Vendor Warrant No. 18014T in the amount of $1,479,524.64 • Electric Vendor Warrant No. 18014E in the amount of $22,932.48 b) Permits and License: Meeting Minutes Board of Selectmen October 4, 2017 Page 3 • Consideration of Special Events Application for Red, White and Blue 5K to benefit Fisher House Boston pending routing through Public Safety and Town Hall Departments c) Miscellaneous: • Signing of Proclamation for Nancy Holske • Signing of Proclamation for Bob Langton Motion: To approve the Consent Agenda. (DelVecchio/Schoonveld) Passes 4:0 7. Consideration and Approval of Town Payroll Warrants: • Town Payroll/Town Medicaid Payroll 18014PT in the amount of $350,759.69 Motion: To approve Town Payroll/Town Medicaid Payroll 18014PT in the amount of $350,759.69. (DelVecchio/Aptowitz) Passes 4:0 • Town Deductions Vendor Payroll 18014TV in the amount of $111,554.10 Motion: To approve Town Deductions Vendor Payroll 18014TV in the amount of $111,554.10. (DelVecchio/Aptowitz) Passes 4:0 School Payroll/School Medicaid Payroll 18014PS in the amount of $1,626,607.75 Motion: To approve School Payroll/School Medicaid Payroll 18014PS in the amount of $1,626,607.75. (DelVecchio/Aptowitz) Passes 4:0 • School Deductions Vendor Payroll 18014V in the amount of $537,233.11 Motion: To approve School Deductions Vendor Payroll 18014V in the amount of $537,233.11 (DelVecchio/Aptowitz) Passes 4:0 8. Any items not anticipated by the Chairman 48 hours prior to this meeting There were none. The Board took a five minute recess and began the meeting again at 7:35PM. 9. Planning Board Workshop Chairman Trowbridge stated the Board was meeting with the Planning Board to discuss the area around the train station and the Route 106 corridor. Mr. French introduced the members of the Planning Board who were present. He stated that they have had several meetings with residents of that area and refreshed their Boards mind about the traffic when the train comes in. He stated that improvements are in process to make the rear exit way out of the train station to County Street that will help, but the Planning Board has several short term improvements to present. The discussion focused on the intersections along Route 106. The intersection of Chauncy Street and Central Street was identified the easiest intersection to improve by restriping and creating left turn lanes. Mr. Rick Alves will survey the intersection and confirm if the road is wide enough to create the left turn lanes. Mr. Azinheira also stated that Route 106 corridor from North Main Street to Route 140 is hopefully going to be approved for state and federal funding for improvements. The Planning Board and Board of Selectmen will meet again on November 1, 2017. 10. Adjourn Motion: To adjourn the Board of Selectmen's Meeting on October 4, 2017 at 8:33PM. (Schoonveld/DelVecchio) Passes 4:0 Sign ture Minutes prepared by Carrie Champagne Meeting Minutes Board of Selectmen October 4, 2017 Date