HomeMy WebLinkAboutBOS Minutes 10/18/2017Minutes of Board of Selectmen Meeting
October 18, 2017
Present: Mr. Michael Trowbridge, Chairman; Mr. Jess Aptowitz, Vice -Chairman; and Mr. Frank DelVecchio,
Clerk. Mr. Schoonveld not present at beginning of meeting and arrived at 6:21pm.
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1. Call To Order Board of Selectmen Meeting - Pledge of Allegiance - ICF
Chairman Trowbridge called the meeting to order at 6:15PM. He reminded everyone that the meeting was
being broadcast live and taped for future broadcast on Mansfield Cable. He asked if therlere''ri�ynerbrs?
of the audience recording, to which there was no response.
2. Request for Waiver of Five Year Moratorium on Williams Street `>
Mr. Azinheira was present and stated that the road was paved in 2014, but there is a persistent problem of
water pooling for the abutters. He stated that he was here to ask for a waiver of five year moratorium. Mr.
Azinheira stated that the Town will try to correct the problem by lowering the catch basins while making the
cut to the road small; however it may not eliminate the entire problem. Mr. Aptowitz stated it could be a
public safety issue and Chairman Trowbridge stated that it does freeze in the winter. Chairman Trowbridge
asked when it would be complete. Mr. Azinheira stated before the winter weather.
Motion: To approve the waiver of the five year moratorium for 460 Williams Street for drainage repair.
(DelVecchio/Aptowitz) Passes 3:0
3. Request for Waiver of Five Year Moratorium on Walnut Street
Chairman Trowbridge stated this agenda item was postponed until the next meeting. Mr. Azinheira stated that
he was checking with the gas company to see if they can go under the pavement instead of cutting.
Ms. Staples, Town Clerk swore in eleven people wishing to speak at the dog hearing. There was still time
before the public hearing and Chairman Trowbridge began item number six on the agenda.
4. Public Hearing for a Dangerous Dog Complaint made by Mr. and Mrs. Galanti and Mr. and Mrs.
Richardson at 6:30PM
Motion: To open the public hearing at 6:30PM. (DelVecchio/Aptowitz) Passes 4:0
Mr. DelVecchio read the public hearing notice for the record. Chairman Trowbridge stated that there were
two more people wishing to be sworn in for the hearing. Ms. Staples swore in the additional people.
Chairman Trowbridge then read the procedures of the dog hearing.
Mrs. Lorraine Galanti of 265 Willow Street and Mrs. Kerry Richardson of 275 Willow Street came forward. Mrs.
Richardson stated that she had concerns about the dog Dottie that lives at 266 Willow Street belonging to Mr.
& Mrs. Velasquez. On March 9, 2017 her dog Benji, a forty pound, eight year old Labradoodle was attacked by
Dottie. Mrs. Richardson explained that every afternoon Benji is on a lead in their yard. On this afternoon
Dottie had escaped her yard through a break in the fence. Mrs. Richardson stated that Dotti had Benji's head
in her mouth, however the attack did not require veterinary treatment and Benji had a small cut on his ear.
Mrs. Richardson explained that on July 26, 2017 the Galanti's dog Luca was attacked by Dottie, and in this case
Dottie had Luca in her mouth and Mr. Galanti had to jump on Dottie and pull Luca out of Dottie's mouth. Luca
was seen by a veterinarian the next day for minor injuries. Mrs. Richardson stated that her concern was that
there have been two separate incidents where Dottie has aggressively attacked two dogs and is worried about
the next time Dottie gets out of her home.
Mrs. Galanti confirmed what Mrs. Richardson had described and stated this was the most traumatic
experience she has witnessed. She stated that she heard screams and thought her husband had fallen off the
ladder. Mrs. Galanti stated that this was an unfortunate situation, but is still very scared.
Meeting Minutes Board of Selectmen
October 18, 2017 Page 1
Mr. DelVecchio asked if these incidents were the only two. Mrs. Galanti stated it was, but if her husband had
not been home to intervene her dog would have been killed or very seriously hurt. Mr. DelVecchio asked if
both of their dogs were in their own yards when attacked. Mrs. Richardson confirmed they were both in their
own yards. Mr. DelVecchio asked about the neighbors' fence. Mrs. Richardson stated that the fence had been
damaged and that is when her dog was attacked, but since that incident the fence had been repaired. Mrs.
Galanti stated that the day her dog was attacked a group of teenagers were walking Dottie and the door was
not shut tight and Dottie escaped. Mr. Aptowitz asked what kind of dogs Mrs. Galanti had. Mrs. Galanti
answered they were Maltese dogs and weighed nine pounds. Mr. Aptowitz asked if either of their dogs had
contact with Dottie before the incidents. Mrs. Galanti answered that they have seen them when walking the
dogs and before she had installed an electric fence both her dogs had gone to the Velasquez's yard. Mr.
Aptowitz then asked if the dogs had been fixed and Mrs. Richardson and Mrs. Galanti confirmed their dogs
have been. Mr. Aptowitz asked if any of their animals required extensive veterinary expenses. Mrs. Galanti
stated that Luca needed antibiotics and anti-inflammatory medications, but Mr. Galanti also needed
treatment on his hand. Mr. Schoonveld asked if Dottie has been outside of her home before. Mrs. Galanti
answered that Dottie had been in her yard, but Mrs. Velasquez came right away to get Dottie. Mr. Schoonveld
asked if the dogs had been "socialized" at any time before. Mrs. Galanti answered that they had not really
been, and stated there was a time she went to the Velasquez home when they had first moved in, but she was
holding her dog.
Chairman Trowbridge asked Animal Control Officer Jeff Collins to come forward. Mr. Collins described the
incident at Mr. and Mrs. Richardson home when Benji was attacked by Dottie on March 9, 2017. Mr. Collins
stated that after the incident he went to 266 Willow Street and Dottie seemed relaxed and he saw two panels
of a fence had fell down from the winds, which is how Dottie escaped her yard. Mr. Collins stated that Mrs.
Velasquez once noticed the dogs were out and crossing the street they first seemed calm interacting with
Benji and then began biting one another. Mr. Collins further explained that Mrs. Velasquez grabbed Dottie and
received a puncture wound and was unsure which dog had done it. It was his understanding that the
Velasquez's would repair the fence, and pay for any expenses for Benji and it was left at that. There had been
no prior calls on any of the dogs being free, and then on July 26th the incident occurred at the Galanti's home.
Mr. Collins then described the incident and he stated that on the bite scale it would be a level three bite and
the neighbors are frightened after these two incidents.
Mr. Schoonveld stated that the second incident happened when a neighbor was walking Dottie and asked if it
could be because the person did not have the same control as the owner and had the freedom to bolt. Mr.
Collins answered it was possible. Mr. Schoonveld asked if there was a rating on the bite scale for the first
incident. Mr. Collins stated that it was a one or two. Mr. Aptowitz asked for the weight, type of dog and age of
Dottie. Mr. Collins stated she was a three year old Staffordshire bull terrier weighing about sixty five pounds.
Mr. DelVecchio and Chairman Trowbridge had no questions.
Mr. and Mrs. Velasquez of 266 Willow Street came forward. Mrs. Velazquez first apologized and stated that
the day she let the dogs out she did not realize the two panels in the fence were down. She explained that
both dogs were just sniffing at Bengi, and she was quickly behind both her dogs. She explained that Bengi
started to get nervous and snarled and growled because he was on a leash and her dogs were not. The second
incident happened when no one was home, and a teenager friend of their son who had been staying with
them was trying to helpful by walking the dogs. When he returned home with the dogs he had not property
secured the door and Dottie bolted. Mrs. Velasquez explained all the security measures they have done to
their home. She provided pictures and depending on this hearing they have a quote for a fence for the front of
their yard. Mr. Velasquez stated that both dogs are fixed and weigh sixty four pounds. He stated that since
these incidents only he or his wife walk Dottie and they would be the only ones walking the dog so there will
be no further incidents.
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October 18, 2017
Mr. Aptowitz stated this was a difficult situation and had concerns that the Trail Blazers University certificate
of training were issued before the second incident occurred. Mr. Aptowitz asked how long they have had
Dottie. Mrs. Velasquez answered that Dottie was three months old when they rescued her from a shelter and
that she was not a pure bred. Mr. DelVecchio asked if the dog could jump over the gate that is in the home to
get out the front door. Mrs. Velasquez answered that she could not jump over it and that the gates have to be
open for the dogs to get near the front entry way. Mr. DelVecchio asked if the screen door had been replaced
and if there was a long delay for the door to shut. Mrs. Velasquez answered that it is a heavy glass door with a
very short delay. Mr. DelVecchio then asked if the fence has been repaired and Mr. Velasquez answered that it
was completely replaced. Mr. Schoonveld asked if the fence was solid vinyl and if there were any gates. Mr.
Velasquez answered that the fence is vinyl with no gates. Mr. Schoonveld asked if the door has a deadbolt and
Mr. Velasquez confirmed it did. Mr. Schoonveld then asked if the e -collar training was in March why it was not
used in July when the second incident occurred. Mrs. Velasquez answered that at that time they were not
using it every day all day like they are now. Chairman Trowbridge stated that he appreciated the work that
was complete but there were human errors.
Chairman Trowbridge asked if the Richardson's or Galanti's had any questions of each other. Mr. Galanti
stated that he hurt his hand and it was not when he was coming down from the ladder, it happened when he
was trying to get his dog out of Dottie's mouth. He also stated that there are several doors coming out of the
Velasquez home. Mrs. Richardson stated that she would like to see the photos of the gates that have been
installed. Mrs. Richardson stated that there are several doors coming out of the home including the kitchen to
the garage. Mrs. Velasquez answered that there is another gate and the dogs are not allowed into the kitchen
and cannot get out that way.
Mr. Jeff Collins came forward before the board and Mr. Schoonveld asked if the e -collar is humane and
effective. Mr. Collins answered that his experience was minimal, and would be dependent on the dog and the
situation. Mr. Aptowitz had no questions. Mr. DelVecchio asked about the front door and if it is secure
enough. Mr. Collins answered that he has seen a dog go through a plate glass door, but added that the
Velasquez's have made reasonable attempts to secure the dog. Mr. Collins also stated that he did not see this
dog as dangerous because when she bit she did not use full pressure; there is fear in the neighborhood and
human error would always be possible. Mr. DelVecchio asked if a muzzle would be appropriate. Mr. Collins
answered that it can be walked with an appropriate muzzle, not the nylon kind.
Motion: To close the public hearing. (DelVecchio/Aptowitz) Passes 4:0
Motion: To declare the dog a nuisance. (Schoonveld/DelVecchio) Passes 4:0
Motion: The dog is to be required to wear a muzzle when walked suitable and meets the approval of the dog
officer and on a lead. (DelVecchio/Aptowitz)
Motion Amended: The dog is to be required to wear a muzzle when walked suitable and meets the approval
of the dog officer and on a lead and required to be walked by an adult. (DelVecchio/Aptowitz) Passes 4:0
S. In Accordance With Massachusetts General Law, Chapter 40, Section 56, The Board Of Selectmen
Will Hold A Public Hearing For The Purpose To Adopt The Percentages Of The Local Tax Levy To Be Borne By
Each Class Of Real And Personal Property For Fiscal Year 2018 at 7:30PM
Motion: To open the public hearing at 7:34PM. (DelVecchio/Aptowitz) Passes 4:0
Chairman Trowbridge stated that the Board of Assessors along with the Finance Committee was present and
tonight the Board would potentially adopt the percentage of the local tax levy. Mr. Stanbrook presented a
slide show as a high level overview of how the tax rate is set. The total maximum allowable levy for fiscal year
eighteen is $61,791,565 which is a 6.43% increase over fiscal year seventeen. Mr. Stanbrook stated that the
increase would be 3.64% increase without the DPW/Public Safety Complex. He also stated that the tax
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October 18, 2017
classification rate shift in fiscal year seventeen was 1.24, and that this means residential taxpayers pay 24%
less than cqmmercial industrial and personal property taxpayers. Mr. Stanbrook stated that the Selectmen will
decide if that will change for fiscal year eighteen.
Mr. Aptowitz stated that paying for a four payment increase in only two payments. He knows this seems
worse, but this is how it is done every year. Chairman Trowbridge explained that if your tax bill was $10,000
and increased to $11,000 that a resident would be paying $2,500 for the first two payments and then the
$1,000 is divided into the last two payments increasing them to $3,000 each. Mr. DelVecchio added that the
first two payments are estimates and in the second two payments residents catch up, which also lets residents
keep their own cash longer.
Mr. Wilk stated that the handout from the Department of Revenue could be very helpful to residents that have
questions and that the presentation tonight was high level to keep it simplified. He also stated that the handout
would be available at the next Town Meeting. Mr. DelVecchio stated that it is not intuitive and Massachusetts is
more complicated than other states. Mr. Schoonveld asked if a residents tax bill was $1000 on July 15c and
October 151 what would their next bill would be in January 1st and April 1St assuming it was the same shift as it is
currently. Mr. Stanbrook answered that the average home would see an average increase of $475 and $175 is
due to debt. Ms. Hinote answered average house of $428,000 had a tax bill of $6,731.30. Mr. Aptowitz stated
that the Board needs to decide if the shift is going to stay the same or change it and that if the shift increased
the residential tax bills would go lower. Mr. Wilk added that this year was an anomaly and next year there will
be a large drop in prior debt and in three years, it may be in the middle without a shift in the tax rate.
Mr. Schoonveld stated that over time tax rates should follow an average. Mr. Schoonveld stated that it is
important to broaden our Industrial base because it reduces the burden on the residential side. Mr. Wilk
stated that the Board should be sensitive of the tax shift while a strategy is figured out for the Industrial park
and how to pull businesses here. Mr. Wilk stated that the maximum the shift can be is 1.5 and companies do
take into account many factors when considering where to move and taxes have an impact on that decision.
Mr. Aptowitz stated that residents are going to receive their tax bill and only see an increase and not
understand all the components of it, and it can be difficult. Mr. Wilk stated the burden cannot be all shifted to
businesses and brought up the example of Covidian. Mr. Aptowitz stated that they moved because they were
purchased by another company and it had nothing to do with the taxes. Mr. Wilk disagreed stating that
Covidian bought another company located in Framingham and decided to make that their headquarters. Ms.
Hinote provided several examples of companies leaving and reducing inventory and that reduces personal
property taxes in the amount of about $400,000.
The Board of Assessors came forward which includes Mr. Matoian, Mr. Banks, and Mr. St. James. Mr. Matoian
stated that he wanted to repeat what was said earlier that taxes will go up, and that the increase is not seen
until the last two bills. The 2.5% is the very first thing that the Board of Assessors adds to the levy and then
other items are added making it higher than the 2.5%. Mr. DelVecchio and Mr. Aptowitz did not have any
questions. Mr. Schoonveld stated that he is concerned with the splits of total assessments and asked how
residential assessments have changed overtime and whether the burden has been on residential or
commercial properties. Mr. Matoian stated there has not been a substantial change in the percentage of
commercial to residential.
Chairman Trowbridge asked the Finance Committee for their recommendation on the split. Mr. Wilk stated
that the finance committee recommends that it stay the same, which would allow additional time to address
the economic development of the industrial park. Mr. Schoonveld asked what the splits were in other
surrounding communities. Ms. Hinote provided examples from last year and noted that seven commercial
rates were higher than Mansfield. Chairman Trowbridge stated that they are all over the place. Mr. Aptowitz
stated that he was having hard time with the split and keeping it at the current rate. He is concerned that
people are not going to be able to live in Mansfield. Mr. DelVecchio stated there is need for a sophisticated
Meeting Minutes Board of Selectmen page 4
October 18, 2017
strategy of the makeup of the tax base and that there was no way to reduce tax bills. Mr. Aptowitz stated that
the residents are paying more because of the assessed values and the Board has to do something with the
split and respectfully disagreed with the Finance Committee. Chairman Trowbridge stated that home values
have increased significantly compared to the businesses.
Motion: To close the public hearing. (Trowbridge/Aptowitz) Passes 4:0
Motion: To make the split 1.27. (Trowbridge/DelVecchio) Passes 4:0
At 8:35pm the Finance Committee and Board of Assessors left the meeting. The Chairman then skipped to item
#14 on the agenda.
6. Discussion of the Annual Town Report Format
The Board began discussion at 6:22PM. Mr. Stanbrook stated that Ms. Nancy Griffin sought quotes from five
vendors for the annual Town Report in color versus black and white, as well as two different sizes. The lowest
vendor is lowest because he does only book printing. There could be additional savings with changing the size
of the book compared to previous reports, but it would also take additional time to set up a new template.
Chairman Trowbridge asked if the Board wanted to make a decision on this. Mr. Aptowitz stated that it would
be Mr. Stanbrook's decision as Town Manager. Chairman Trowbridge stated that it came up at a Board
meeting and Mr. Stanbrook is looking for guidance. Mr. Aptowitz stated that the Town of Sharon mails one to
each person's home and here in Mansfield most people only receive one when they come to Town Meeting.
He was unsure if mailing to each home was a good use of resources, but did not see a need for the larger book
with color photos. Mr. Schoonveld stated that the annual report did not need to deliver door to door to every
resident. Discussion was paused due to the public hearing at 6:30PM.
Mr. Schoonveld thought the smaller size would be more difficult for staff to put together and it should be
available online to view. Chairman Trowbridge stated that he looks at the copy online. Mr. DelVecchio agreed
with the color version with the less expensive vendor. Mr. Aptowitz asked what the cost was last year and Mr.
Stanbrook answered $7,715 and the less expensive vendor $1671.98
7. MBTA Construction/Parking
Chairman Trowbridge stated there are lighting issues at the train station parking lot. The private lot of Foundry
LLC also has some issues with lighting as well. He stated that it would be a town expense to put up lighting, but
it would be in exchange for placing snow on this private owner's lot after storms instead of hauling it away.
Motion: To allow Mr. Stanbrook and Mr. Azinheira negotiate parking lot lighting. (Trowbridge/DelVecchio)
Passes 4:0
8. Resident Questions and Comments
There were none.
9. 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 September 27, 2017
• Meeting of October 4, 2017
b) Vote To Approve Warrants:
• Town Vendor Warrant No. 18015T in the amount of $839,635.64
• Electric Vendor Warrant No. 18015E in the amount of $30,900.92
• School Vendor Warrant No. 180155 in the amount of $552,696.04
• Town Vendor Warrant No. 18016T in the amount of $1,842,464.99
• Electric Vendor Warrant No. 18016E in the amount of $1,597,686.69
Meeting Minutes Board of Selectmen
October 18, 2017 Page 5
• School Vendor Warrant No. 180165 in the amount of $652.04
C) Permits and License:
• Consideration of Special Events Application from Downtown Business Association for Annual Downtown Christmas
Parade pending routing through Public Safety and Town Hall Departments
Motion: To approve the consent agenda (DelVecchio/Aptowitz) Passes 4:0
10. Consideration and Approval of Town Payroll Warrants:
• Town Payroll/Town Medicaid Payroll 18015PT in the amount of $398,028.15
Motion: To approve Town Payroll/Town Medicaid Payroll 18015PT in the amount of $398,028.15.
(DelVecchio/Aptowitz) Passes 4:0
• Town Deductions Vendor Payroll 18015TV in the amount of $141,799.83
Motion: To approve Town Deductions Vendor Payroll 18015TV in the amount of $141,799.83.
(DelVecchio/Aptowitz) Passes 4:0
• Town Payroll/Town Medicaid Payroll 18016PT in the amount of $374,477.57
Motion: To approve Town Payroll/ Medicaid Payroll 18016PT in the amount of $374,477.57.
(DelVecchio/Aptowitz) Passes 4:0
• Town Deductions Vendor Payroll 18016TV in the amount of $119,632.37
Motion: To approve Town Deductions Vendor Payroll 18016TV in the amount of $119,632.37.
(DelVecchio/Aptowitz) Passes 4:0
• School Payroll/School Medicaid Payroll 18016PS in the amount of $1,722,473.90
Motion: To approve School Payroll/School Medicaid Payroll 18016PS in the amount of $1,722,473.90.
(DelVecchio/Aptowitz) Passes 4:0
• School Deductions Vendor Payroll 18016SV in the amount of $576,295.50
Motion: To approve School Deductions Vendor Payroll 18016SV in the amount of $576,295.50.
(DelVecchio/Aptowitz) Passes 4:0
11. Correspondence
• Invitation of the 2017 Halloween Parade
• Letter from Comcast -Miscellaneous Information
• Letter from Verizon of Cable Television Final License Contact Information
• Letter from Planning Board in regards to creating a Cultural District
Mr. DelVecchio read a summary of each of the above correspondence items.
12. Town Manager's Report
Mr. Stanbrook read a notice from Verizon stating that Univision rejected Verizon's offer but other Spanish
Language options are available for Entertainment. Mr. Stanbrook submitted the balance sheet to the
Department of Revenue today. The Regional Emergency Communication Center hired an Executive Director
from Chelsea who has a wealth of experience. He then stated that the Tax Foreclosure auction will be on
November 8th and eight properties will be auctioned off by the Treasurer as Tax Custodian. Mr. Stanbrook also
stated that the 5th Annual Trick or Treating at Town Hall will be on October 25th from 5-713M.
13. Selectmen's Questions and Comments
Mr. Schoonveld stated there were tons of costumes still at Park and Rec from the costume swap if anyone still
needed a costume. Mr. Schoonveld also asked if there was supposed to be a vote on taxing to the limit and
Mr. Stanbrook answered there was no vote needed because there was no levy capacity like last year.
Mr. Aptowitz thanked Mr. Stanbrook for his work on the tax classification information. He also wanted to
congratulate Mr. Feeney on behalf of the Town and stated that he should be invited to attend a Board
meeting. Mr. Aptowitz stated that the Board should have a discussion with CIP about the number of projects
and that money is tight. Chairman Trowbridge disagreed and stated the Board did not have a say over CIP. Mr.
Aptowitz answered that the Board votes on the budget.
Meeting Minutes Board of Selectmen
October 18, 2017 Page 6
Mr. DelVecchio stated there are a number of projects still outstanding and maybe CIP needs to reprioritize. As
a committee member of CIP he thought that discussion would be happening soon. Mr. DelVecchio stated that
CIP has a schedule for reviewing requests. Mr. Feely is the Chairman and Ms. Walsh is the Vice -Chair. Mr.
DelVecchio stated that he is now the Chairman of the Audit Committee. He stated the Audit Committee met
last week and reviewed a draft Electric Department audit. Mr. DelVecchio then stated that the Downtown
Committee met last night and banners are ordered and signs will go up in the spring. He added that the
Committee also had a broad discussion and wants to look at the area as a whole in terms of a green space and
parking.
Chairman Trowbridge stated that the School Committee might meet on November 21ST to discuss the budget
and a meeting on November 1ST from 6:00-7:OOPM in 2A/13 with SRPEDD about proposed improvements to the
bike bath at Old Colony Way. Chairman Trowbridge stated that sod is down at the Fales Fuel Site. Chairman
Trowbridge then read an update from Kevin Kemp, Chairman of the Town Manager Search Committee.
14. Review of Dog Incident Report from Animal Control Officer for a Potential Emergency Order and
Hearing of the dog owned by Dan Clemmey at 65 Old Farm Road
Mr. Collins stated that the dog that was declared a nuisance and required to be on a leash was in the
neighbor's yard and jumped on the child and drew a little blood. The dog was unrestrained with no adults in
sight and when Mr. Collins arrived the dog was back inside. Chairman Trowbridge stated the Board needs to
have a public hearing. Mr. Aptowitz asked who pays for these legal postings and certified mailings. Chairman
Trowbridge stated that the Town had. Mr. DeRensis stated he would recommend a public hearing and if the
Board cannot solve it then refer it to the district court. Mr. DeRensis stated that the owners are entitled to be
heard before taking drastic measures.
Motion: To schedule a public hearing on November 15, 2017 at 713M. (DelVecchio/Aptowitz) Passes 4:0
15. Any items not anticipated by the Chairman 48 hours prior to this meeting
Chairman Trowbridge stated there was a last minute Proclamation needed for a retiring employee.
Motion: To approve the proclamation. (Trowbridge/Schoonveld) Passes 4:0
16. Adjourn
Motion: To adjourn the Board of Selectmen's Meeting on October 18, 2017 at 9:22PM. (DelVecchio/Aptowitz)
Passes 4:0
Signature
Minutes prepared by Carrie Champagne
If
Date
Meeting Minutes Board of Selectmen
October 18, 2017 Page 7