Date of Meeting: Monday, May 16, 2011
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 9:21 PM
Members Present: James Stanton, Chairman, Kenneth Sydow and Roger Deal
Others Present: Stephen Madaus, Town Counsel; Nancy Colbert Puff, Town Administrator; Lori Esposito, Administrative Assistant to Board of Selectmen
Financial Warrants signed in approval.
Tennis Courts/Skateboarding: (Present: Bruce Symonds, Karen Perry, Cathy Richard of the Historical District Commission)
- Mr. Symonds presented photos of makeshift skateboarding equipment installed at the tennis courts in the center of Town. The Parks and Recreation Department said they knew nothing about it. Karen Perry said she voiced concerns, as an abutting neighbor, at the last Parks & Recreation Commission meeting. Bruce said they were concerned regarding safety
- Jim Stanton read a letter received from Parks & Recreation (sent via email today) suggesting setting up an area for skateboarding. Jim asked if a possible location would be in the parking lot behind Town Hall; we could have Parks & Recreation in to discuss the matter.
- Ms. Perry stated that one of the boys who were skateboarding on the tennis courts told her they had permission from someone on the Parks & Recreation Commission to skateboard there. She doesn’t feel it is appropriate in the historical district.
- Roger said in the meantime we need to control the current activity at the tennis courts. He would like to know who on Parks & Recreation gave permission. He asked if the police could patrol occasionally to be sure nothing is put on the tennis courts?
- Bruce mentioned that the tennis court is already in tough shape and the chain link fence is rusty; the equipment is just causing further damage.
- Jim asked Don Parker if the fences could be repainted. Don Parker said they could not. They need to come down and be replaced.
Cathy Richard of the Historic District Commission said it is an eyesore; trash is everywhere. Someone needs to maintain it. Ms. Perry said some kids have been jumping the fence into private yards also.
Jim asked the Chief to stop any constructing of ramps if he sees it or is called.
Report of the Chief of Police to the Board of Selectmen:
Regarding any skate park, Tony suggested we speak with the Town of Bolton; they attempted a park and liability was an issue. There is no bylaw prohibiting skateboarding, but there are state laws. Parks & Recreation should advertise/post accordingly to notify people the tennis courts are off limits for skateboarding. Also, there is currently no signage at the tennis courts.
Chief Sahagian’s March through May schedule:
March 23: IT office; attended trade show.
April 1: Met with Board of Selectmen.
April 3: Boy Scout Pine Derby.
April 5: Training on second floor, police academy.
April 21: At Juvenile Court for hearing.
May 2: Signed new three-year contract with Town.
May 3: In-service training on second floor.
May 10: Picked up the new cruiser; on the road by May 11. Car 1 was dropped off for conversion.
May 16: D.A.R.E. graduation.
May 20: Run for the Beach marathon coming through Town. Detail off at Routes 70/140.
Habitat for Humanity: Required bond has been received; Board signed their Road Opening permit.
Report of the Fire Chief to the Board of Selectmen:
- Ambulance billing rates have been increased, consistent with what other communities will be charging.
Motion was made, seconded and voted all in favor to approve the rate increase as proposed by the Chief.
- Regional Training Commission will combine training with West Boylston. The goal is to eventually have all firefighters cross-trained over both communities.
- The Chief made a preliminary review of the new Tahanto; on the surface, everything looks good.
- Ken Sydow inquired about vehicle maintenance; do they inspect on site. The Chief said they do.
Report of the Highway Superintendent to the Board of Selectmen:
- Two part-time summer help positions were filled.
- The Department completed the trench and catch basin needed prior to paving at Hillside.
- The Department cannot mow the extra soccer field. Parks & Rec needs to pay someone to mow
There are no facilities to remove the grass if it is too tall.
- Jim asked how long it takes to mow the upper field. Don said two to two and one half hours.
Compass Pointe has been removing loam from the site and taking it out of Town. He has seen the truck leaving the site with a full load of loam.
Regarding the opening on the Highway Department, he has interviewed two people who he will call back. One needs a hydraulics license. He could be hired with the condition that he obtain that license within a few months of hire. Some other applicants live too far away.
Regarding sign request advertising Katie’s 5K race, motion was made, seconded and voted all in favor to allow signs to be posted.
Tahanto Negotiations Rep. Motion was made to have Roger Deal be Selectmen’s rep for teacher contract negotiations.
Report of the Building Inspector to the Board of Selectmen:
- Tony Zahariadis presented reports of permit totals for the past month.
- Jim Stanton inquired as to the status of Longley Hill. Tony said two houses are being completed; the final inspection is due soon. No additional permits have been applied for yet.
Regarding the Common Victualer License for Pine Ridge, Motion was made, seconded and voted all in favor to approve issuing the license. The license was signed by all Board members.
Report of the Town Administrator to the Board of Selectmen:
Town Election results:
- The deadline for a recount is May 19. Stephen Madaus, Town Counsel, said the statute wasn’t clear on how long the incumbent may serve in the event of no re-election. He spoke with the Director of Elections, who confirmed that it is until the annual election, if no special election is held in the meantime. If the election were held next May, there would be two positions to vote: one two-year term and one three-year term.
- The write-in candidate sent a letter to the Town Clerk’s office stating he was not interested in accepting the position.
- Ken inquired as to the cost of a special election. Stephen said he was not sure, he would need to get that information from the Town Clerk.
Jim asked if a special election were held, would other positions with vacancies also be on the ballot.
Stephen said a tie vote results in failure to elect. A qualified replacement needs to be voted.
7:45 PM Cyprian’s, Inc.
Application for Change of Manager on ABCC license filed; new manager to be named is David Frem.
Motion made, seconded and voted all in favor to approve David Frem as the new manager.
Report of the Town Administrator, Cont’d:
Hillside Intern:
- Attached is the resume of Michelle Smith, who has been selected to be our intern over the summer for the Hillside project. She will need to spend a minimum of 210 hours on the job at $12/hour.
Motion was made, seconded and voted all in favor to hire Michelle Smith as the summer intern.
Office Space Lease to BBRSD:
- Attached is the lease agreement (expiring June 30, 2011) with the regional district for the school administration’s use of office space above the police station. Town Administrator suggests the Board send a letter to the School District to expedite the renewal process.
Vicious Dog Hearing:
- Attached to the TA’s report is the original complaint, followup letter and Dog Officer Steve Golas’ recommendation. The Town Administrator has been unable to negotiate a satisfactory solution for the parties involved.
Phillips Precision TIF:
- Attached is a letter from Phillips outlining plans to merge back with Pitbull Clamp Company with no change in existing TIF terms and conditions.
Reminders:
- Cable TV license renewal hearing scheduled for May 17 at 7:30 PM at Town Hall.
Groundbreaking for Tahanto will be held on May 17 at 1:30 PM.
- Library Director Search: The search for a new Director continues. A candidate will be in town on May 25 for a final interview. The position will, hopefully, be filled by July 1.
Affordable Housing Task Force:
- Michael Borsuk and the Town Administrator will attend the Tri-Town Task Force meeting this week to discuss the scope of work for a shared consultant.
Training for Open Meeting Law will be held June 1, 2011 in Worcester. The Town Administrator will email details.
A hearing will be held at the State House on May 18 regarding the local cable licensing process. The Town Administrator will email details.
Request for release of $9,750 in funds held for road opening in Compasse Point subdivision. All conditions have been met, signed off.
Motion made, seconded and voted all in favor to release the funds.
8:00 PM Mount Pleasant Country Club:
- Application has been received of Mount Pleasant Country Club to appoint Don Bonci of 16 Deer Circle, Holden, Massachusetts as the new Clubhouse Manager on the ABCC license.
- The Board of Selectmen requested a signed copy of the Mount Pleasant Board’s vote (an unsigned copy was submitted).
- Ken Sydow said that, per the Police Chief, he wants to be sure all signage relating to the beverage cart is intact, as it should be. Mr. Bonci will be sure of it.
Motion made, subject to signed copy of Mount Pleasand Country Club Board’s minutes of May 24, 2011; motion was seconded and voted all in favor of the appointment of Mr. Bonci as new Club Manager.
At 8:10 PM Ken Sydow motioned to go into Executive Session under M.G.L. c. 39 §23B ¶3 to discuss non-union contract negotiations. The Board agreed hey would reconvene at 8:15 in open session for a hearing on Vicious Dog Complaint. Mr. Deal seconded the motion and the roll call vote was recorded as follows: Mr. Sydow – Yes; Mr. Deal – Yes and Mr. Stanton – Yes.
8:15 PM Complaint of Vicious Dog (M.G.L.c. 140 §157):
Michael Griffin of 15 Bannister Street, Shrewsbury is the complainant.
Josephine Igwenagu of 24 Gulf Street, Boylston is the dog owner.
(Also present at the meeting was Ally Simone of the Worcester Animal Rescue League.)
Jim Stanton asked those who would be testifying to raise their hand and swear under oath.
- Mr. Griffin stated he came out of his house and the pit bull, Zeus, was on Mr. Griffin’s walkway, growling and walking toward him. He backed into the garage and closed the door as the dog began running. The dog was barking and jumping at the door. The Shrewsbury K-9 officer (Leona Pease) responded about 20 minutes later and the dog ran. Mr. Griffin filed a complaint, trying to be proactive. He has a six year-old and there are many children in the neighborhood. Mr. Griffin is concerned because the dog was loose and no one was looking for it. He feels Boylston’s dog officer (Steve Golas) is very nonchalant about the matter. He stated the dog did not bite him.
- Roger said he is presuming Mr. Griffin doesn’t want the dog removed, just restrained.
- Mr. Griffin agreed but said he doesn’t feel it is safe if the dog is just chained outside as he could break loose. He said his biggest concern is that his wife now wants to sell their house because she is afraid to be outside
- Mr. Alex Chevrevski of 26 Gulf Street, Boylston said he did not see anything happen but, as a next-door neighbor, is concerned. This changes how they live now; they lock the grandchildren in the garage to play; his wife doesn’t garden outside unless Josephine is home, etc. He does not have issues with the dog like Mr. Griffin did; just that the dog is barking when he’s outside, near the neighbor’s house. He spoke with Steve Golas, who appeared to be more concerned about the dog than his safety. He just want to be sure he’s safe while outside. He is unhappy with Mr. Golas’ response.
- Ms. Igwenagu (dog owner) said Zeus is calm and is not vicious. On Sunday, she was getting ready to take Zeus out for a walk and put him out on the deck. She was unaware that he got off the deck. She didn’t know he was gone until her son went to bring him inside and he was gone. Her son, Joshua, went to look for Zeus and heard her neighbor yelling to get the dog out of his yard before he calls the police. Zeus eventually ran back home after he heard Joshua calling him. The Shrewsbury dog officer came to her home and asked to see the dog; the dog is registered and vaccinated. The next day her oldest son called to tell her a man and woman were asking him about Zeus, inquiring if he was in the house. He asked them why; the man said the dog attacked him. Her son asked what happened and the
man explained the dog scared him. Her son apologized and exchanged telephone numbers with Mr. Griffin. Ms. Igwenagu called Mr. Griffin when she returned home to apologize.
- Jim Stanton asked how big the dog is. Ms. Igwenagu said he weighs 62 pounds. Her youngest son is 18.
Jim asked if the dog is out when no one is at home and Josephine said he is not.
Jim asked how close to the street the dog can get when he is tied to the tree in front. Mrs. Igwenagu said about 20-plus feet away.
Ken Sydow asked how old the dog is. Ms. Igwenagu said he is about two years old; it is her son’s dog. He has had him since he was a puppy.
- Nancy Baker, Assistant Dog Officer, said she went to Ms. Igwenagu’s home unannounced about two weeks ago. She had never met them before that time. When she asked to see the dog (her son Brian was at home), he came running up to her in the house and licked her face. He is a happy, friendly dog. She spoke with the dog trainer to work with the dog. They were outside for two hours with Zeus; several walkers and joggers passed by. Ms. Baker doesn’t feel the dog is vicious. She only recommends obedience training and neutering.
- Beverly DesRosiers, dog trainer of 239 Green Street, Boylston said she has bred and raised dogs for over 50 years. She has been a trainer for 55 years. She was the head trainer of the Shrewsbury dog training club and has worked with several aggressive dogs. When she first met Zeus (she has a walker) he just sniffed her. Dog was never previously trained on a lead but was walking at her side within 15 minutes. He learned the “sit” command immediately and took a dog biscuit from her mouth very gently. She found the dog to be extremely smart and sweet. Beverly said she provoked the dog as much as she could and the dog showed no aggression When trained, he could even be a candidate as a therapy dog. If he is muzzled and kenneled, it could cause him to become aggressive. She will continue
working with the family to train the dog.
- Leona Pease, Shrewsbury Animal Control Officer was sworn in. She was called at her home in Oakham on February 8. The Griffins were extremely upset and their concern was for their little boys. Ms. Pease did go to the Igwenagu home a couple of days later and met the dog. He didn’t bark or growl at her. She spoke with Josephine on the phone, who assured her the dog would be restrained and not get loose. Ms. Pease suggested a muzzle, jus to make the neighbors feel secure. She feels all dogs can be managed with training and adequate restraint. She prefers a fenced yard versus a tie-out restraint. Ms. Pease spoke with the officer who first responded; the dog did not growl or bark at him. Her recommendation is training with better confinement.
- Steve Golas, Boylston Dog Officer, 663 Linden Street. Mr. Golas testified that he met Zeus for the first time last September. A neighbor was concerned that the dog’s lead was not secure enough. He inspected the lead, which seemed heavy enough for the dog. When he approached the dog, he licked his hand and jumped up on him to play. He continued playing when Josephine came out. Mr. Golas also went to the Igwenagu home on May 3 to remind Josephine of the meeting. Brian let him in. Steve was alone in the hallway with the dog and the dog just wanted to play. Steve spoke with the complainant shortly after he filed his complaint and determined the dog should be on a leash when outside at all times. In a fenced-in yard the dog could begin to bark, since he’s not accustomed to it.
Zeus is tied on a lead suitable for a dog that is double his weight.
- Josephine asked how far we need to take his if Zeus only went into his yard once.
Ken asked Steve about the dog getting used to a fenced-in yard. No, but just neutering will help with aggression and roaming. Ally Simone agreed. Leona Pease said a leash or a fenced-in area is fine, either way. Beverly DesRosiers said if a large area is fenced, the dog can still dig.
Ken asked about an invisible fence. The unanimous response was that they can still go through them.
Mr. Griffin asked what happens if the dog gets loose from the leash or lead?
Ken asked, regarding the proposed training, if all issues would be addressed (children, adults, other dogs, etc.), as well as interaction, socialization with children and other animals, etc. Jim asked how long training would take. Ms. DesRosiers said the basics would take six weeks, then further training could continue at her kennel. Eventually, they would socialize him with children. It will take time.
Roger asked if the dog’s temperament presents a potential for biting. Also, is it correct that the dog is presently not allowed unleashed in the yard? Ms. Igwenagu said that is correct.
Mr. Griffin said the dog might be friendly, but what if a child runs or is scared? He is trying to prevent something before it happens.
Ken Sydow made a motion that:
- the dog be restrained in the back yard of the property;
- the dog be tethered at all times while outside, including leash to transport to car;
- the dog be neutered;
- the dog not be left outside unattended. He cannot be outside while the owner is not at home.
All of the above to be reviewed at a continuance on July 11, 2011 for compliance and for further orders and conditions. Roger Deal seconded the motion and it was voted all in favor.
At 9:21 PM Roger Deal made a motion to adjourn. Ken Sydow seconded the motion and it was voted all in favor.
Respectfully submitted,
Lori Esposito, Administrative Assistant
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