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Selectmen's Minutes Aug. 6, 2002
Selectmen’s Meeting Minutes
August 6, 2002

Present:  Robert Forte, Cathy Kuchinski, Daniel Webster, Stephanie McSweeney and Peter Jones.  Also present Executive Secretary Winn Davis and Management Assistant Meredith Scozzari.

7:37 p.m. Chairman Webster called the meeting to order and read the announcements and upcoming meeting schedule.  Chairman Webster noted the passing of Town Historian Ray Towne and observed a moment of silence in his memory.

I.      Award Norfolk Agricultural School local busing bid – SCO Transportation, Abington, MA  bid $53.00 per day.  A second bid had been received at a rate of $35.00 per day per student for a total of $140.00 per day.

MOTION by Kuchinski, second by McSweeney to award the bussing bid to SCO Transportation of Abington MA at a rate of $53.00 per day.  Voted 5 – 0.

II.     Set open & closing dates for October Special Town Meeting Warrant – Board set the opening date of Tuesday, August 13th with a closing date of Friday, August 30th at 10:00 a.m.  The Board announced that all proponents of articles should plan to meet with the Board on Tuesday, September 3rd to explain their articles to the Board and the Finance Committee.  

MOTION by Kuchinski, second by Jones set open the October Special Town Meeting Warrant of Tuesday, August 13, 2002 and close the warrant on Friday, August 30, 2002 at 10:00 a.m.   Voted 5 – 0.

III.    One Day Liquor License Requests at Camp Kiwanee:
C.N.A. Insurance, Quincy  - Friday, Aug. 16th 12 – 5:00 p.m. –  Company outing
Colonnade Hotel, Boston – Sunday, Aug. 18th 11 – 6:00 p.m. –  Company outing
Jean Bowen , Brighton – Sat. Aug. 24th  1 – 8:00 p.m. –  Birthday Party

MOTION by Kuchinski, second by McSweeney to approve a one-day liquor license to C.N.A. Insurance for August 16th.  Voted 5 – 0.

MOTION by Kuchinski, second by McSweeney to approve a one-day liquor license to Colonnade Hotel for August 18th.  Voted 5 – 0.

MOTION by Kuchinski, second by McSweeney to approve a one-day liquor license to Jean Bowen for August 24th.  Voted 5 – 0.

IV.     Appointment – Recreation Commission – Jean Marie Smith  681 Pleasant Street – Term to expire 6/30/04 – unexpired term of Karen Barry.

MOTION by McSweeney, second by Forte to appoint Jean Marie Smith to the Recreation Commission with a term to expire June 30, 2004.  Voted 5 – 0.
V.      Executive Secretary Report – Mr. Davis informed the Board that the IT Services RFP have closed and he will be reviewing them with Mr. Sutter for a presentation next week.  Baran Partners will be making a presentation at the Department Head meeting on Thursday.  The Cherry Sheets have arrived and the estimated receipts are approximately $40,000 higher than expected.  The signing of the Purchase and Sales Agreement with Baran has been placed on the agenda for September 3rd.  The documents will be available to the public for comment at the August 27th meeting.  A presentation by Phil Lindquist will be made at the September 3rd meeting regarding inventorying of Town Owned land.  Mr. Davis also informed the Board that an Executive Session will be necessary regarding union contracts.

VI.     Sign the State Primary Warrant –Chairman Webster announced that the State Primary  will be Tuesday, September 17th .  Poles open 7:00 a.m. to 8:00 p.m. at the Maquan School.

VII.    Approve Minutes –       January 29th Regular Session, June 18th Regular & Executive Session;  July 2nd Regular session and July 16th Regular.

MOTION by Kuchinski, second by McSweeney to approve the minutes of January 29, 2002 regular session.  Voted 4 – 0 –1 (Forte)

MOTION by Kuchinski, second by Jones to approve the minutes of June 18th Regular & Executive Session; July 2nd Regular session and July 16th Regular.  Voted 5 – 0.

7:55 p.m. – Brief Recess

8:01 p.m. –  Meeting called back into order

VII.    Dog Hearing – Bedard 152 Winter Street – Chairman Webster determined that all the parties were present and swore in the complainant Laurie Murphy and her witnesses Marilyn Pierce and Jeff Landerville and the dog owner Roland Bedard.  Chairman Webster explained the hearing process.

MOTION by McSweeney, second by Jones to open hearing.  Voted 5 – 0.

Chairman Webster read a letter from Mrs. Murphy dated May 21st .  Mrs. Murphy testified that Mr. Bedard’s dogs have chased her into her house and jumped on her screen door, damaging it.  She provided photographs of the damage.  Mrs. Murphy indicated that the dogs are loose and come onto her property and frighten her and her children.  She also indicated that she made several reports to the dog officer and the police department.  

Dog Officer Bernard Delory confirmed that several complaints have been received from Mr. Bedard’s neighbors and listed the various dates of the complaints and letters from the Police Department.  On July 23, 2002 Mr. Delory sent a letter to Mr. Bedard.  Mr. Delory spoke with Mr. Bedard on August 5, 2002.  Mr. Bedard indicated that he surrendered two pit bulls to the Animal Rescue League, which Mr. Delory confirmed.  A third dog, which belongs to Bedard’s daughter, will be leaving the premises shortly.  Mr. Delory also informed that Board that one of Mr. Bedard’s dogs had be shot by a neighbor who felt threatened when the dog entered the neighbor’s property on July 18, 2002. The board took questions and comments from the audience.  Mr. Landerville pointed out that Mr. Bedard has a pen for the dogs, but doesn’t use it.  Mr. Bedard indicated that his kids take the dogs in from the pen, but sometimes let the dogs loose between the house and the pen.  Mrs. Pierce wants a guarantee that the dogs will be restrained at all times.  

Mr. Delory’s recommended that Mr. Bedard keep the two remaining dogs and that they be leashed between the house and the kennel.  At no time should the dogs be allowed to run loose.  

Mrs. Pierce read a petition signed by 13 neighbors requesting the Board take action to control the situation.  

Mr. Forte inquired as to how long the various incidents occur and was informed approximately 15 to 20 minutes.  Mr. Delory indicated that he has issued four citations over the past four months.  

Mr. Bedard indicated that he would be willing to kennel the dogs at all times and padlock the kennel.  He will be keeping the rotwieller and the pitbull.  The small pitbull belongs to his daughter and she will be moving out shortly.  Mrs. Murphy indicated that she had no problem with Mr. Bedard keeping two dogs.

MOTION by Kuchinski, second by Jones to close hearing.  Voted 5 – 0.  

The Board discussed the facts at length.  Mrs. McSweeney and Mr. Webster were favor of removing of all the dogs or have them destroyed.  Mr. Jones, Mr. Forte and Ms. Kuchinski favored leashing and kenneling the dogs and that they be under control at all times.  

MOTION by McSweeney, second by Jones to find that the three remaining dogs have been a nuisance and have vicious dispositions.  Voted 5 – 0.

MOTION by McSweeney, second by Webster to grant a 30-day period to find a suitable home for the dogs.  If one could not be located, the dogs were to be destroyed.  For discussion.  Ms. Kuchinski reiterated the previous dog hearing, in which the owner was allowed to find a suitable home.  She wanted assurance from Mr. Bedard that the dogs would be restrained.  Mr. Forte feels if the neighbors were comfortable with restraining the dogs, he would be in favor of a probationary period.  Mr. Jones is in favor of restraining but could vote for removal if necessary.
Voted 2 – 3 (Forte, Kuchinski  & Jones)

MOTION by Kuchinski, second by Forte to require physical restraint of the dogs from the house to the kennel and at no time should the dogs be loose.  A follow up from the dog officer in 30 days and the dog officer to do a physical inspection of the kennel.  Voted 3 – 2 (Webster & McSweeney).  

Chairman Webster read the appeal process and indicated that parties have 10 days to appeal.

9:05 p.m. Mr. Webster announced that the Board would be going into Executive Session under item #3 union negotiations.  

MOTION  by Kuchinski, second by McSweeney to go into Session Executive under item #3 union negotiations.  Roll Call –Forte aye; Kuchinski aye; Webster aye; McSweeney aye, Jones aye.  Voted 5 – 0.

Brief recess

9:30 p.m.  Return to open session  - No votes taken.

MOTION by Kuchinski, second by Forte to adjourn.  Voted 5 – 0.

        9:30 p.m. Meeting Adjourned