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10/20/2015 BOS Meeting MInutes
        Meeting Minutes
  
                                           Minutes Accepted and filed with the Town Clerk on    11/03/2015  by a vote of     4-0-1
                                                                               Vice Chair Hebert abstains-absent form 10/20/15 meeting
7:00 p.m. – October 20, 2015
                                       Sutton Town Hall, Selectmen’s Meeting Room
Members in Attendance:                           
        Chairman David Hall, Selectmen Paul Maynard, Jesse Limanek & Michael Kenney (Vice-Chair Hebert absent)
       Town Administrator James Smith & Debbie Jacques, secretary   

Chairman Hall calls the meeting to order at 7:00pm followed by the Pledge of Allegiance.
Public Forum: N/A
Selectman Maynard motions to accept minutes from the 10/06/2015 BOS meeting; Selectman Limanek 2nds passes 4-0

Janet Pierce, Executive Director for CMRPC is present to introduce herself in her new role as Exec. Director. Janet reviews the 4 categories that CMRPC assists towns in central MA. They are Funding & Resources, Regional Projects & Studies, Municipal Services and Data & Mapping Services. Janet mentions the following events: Nov. 12th @ Holy Cross College in Worc. there will be a Community Compact Conference-towns are limited to two participants. On Dec. 4th @ 8am there will be a Legislative Affairs Breakfast at Union Station. Selectman Maynard reads a letter (attached to minutes) prepared by Vice-Chair Hebert that is out of town. Selectman Maynard says the mapping program, used while he was Fire Chief, is phenomenal. Selectman Limanek says he is new to the BOS but will review all this organization has to offer. Selectman Kenney, also new to the BOS, will go onto the website and learn more about them. Chairman Hall offers congratulations on her new position and says it is exciting to see the work going on at 146 which CMRPC is involved with.  

Public Hearing*Dangerous/Nuisance Dog: advertised in the 10/13/15 T&G read by Selectman Maynard. Chairman Hall reviews ground rules-testimony stays specific to subject matter, all discussion goes through the Chairman, 1 person speaks at a time, no arguments.  Chairman Hall swears in all involved with the case (Dan Chauvin, Tim Nogler, and Tim Rafferty)
Selectman Kenney recuses himself due to relative involvement and knowledge of the case itself.
Dan Chauvin, Animal Control Officer presents the case.  Throughout the past summer multiple complaints were reported to Dan Chauvin of Mr. Noglers Pitbull but there were no incidents that involved fights or dog bites. Several months went by; Dan Chauvin received a call on Sept 30th at 8pm from Mr. Nogler reporting his dog missing. The Noglers searched for him but could not find him. On Oct. 1st Mr. Chauvin received a call from Tim Rafferty saying the Pitbull had been on his deck all night and had bitten him when he tried to break up a fight between his own dog and the dog in question. The dog was returned to Mr. Nogler. TA Smith says that on Oct. 1st Tim Rafferty filed an official complaint with Police Dispatch of this incident. Tim Rafferty of 365 Putnam Hill Road approaches the BOS and gives his description of event. Tim states that Mr. Noglers dog appeared to be aggressive towards male dogs but not people. Tims male German Shepard cornered the Pitbull on Mr. Rafferty’s deck and there was a dog fight. Tim tried to remove his dog from the situation when the Pitbull lunged and bit his right hand. At this time, Chairman Hall asks Mr. Nogler if he has any questions, Nogler replies “no”. Selectman Maynard asks if there are any medical or vet bills for Mr. Rafferty- Rafferty replies he went to his Dr. but it was just a small cut, there may be vet bills but he is not sure at this time. Selectman Limanek asks for further info on the bite, did it break the skin? Tim Rafferty states yes, he saw Dr. Gilbert, it was a good little cut but no major issues. Chairman Hall now calls Tim Nogler of 23 ½ Tucker Lane up to speak. Nogler states his father in law is a stroke victim and let the dog loose, Mr. Nogler called Dan Chauvin to report dog missing, he looked for the dog but could not find him. Nogler was told of the incident the next day when the dog was returned to him and had to be quarantined for 10 days.  Selectman Maynard asks Nogler if there is any way he can keep this dog leashed or a latch with a lock, a cage.  Nogler replies he has a runner but the problem is he has to keep the man (father in law) from taking the dog. Selectman Limanek asks how old the dog is and how long has he owned it, Nogler replies 7 years old and he has had it since he was a puppy. When was the last time it was loose? Dan Chauvin replies mid-summer and describes the neighborhood as a peninsula with houses very tight together. Chairman Hall says there were other complaints but there was significant time between them. Nogler responds that was when he put up a runner. Chairman Hall says at this time, we have to determine if it is a nuisance or dangerous dog. Selectman Maynard says nuisance, Selectman Limanek agrees nuisance.  Chairman Hall asks Dan Chauvin his opinion. Dan replies yes he feels nuisance; he does not feel the dog was trying to bite Rafferty. Dan appreciates Mr. Rafferty’s comments that the dog was not aggressive towards him- it was more dog to dog then dog to person. Selectman Limanek motions to deem this a Nuisance Dog based on this being the 1st significant incident of violence due to Dublin’s placement next to another male dog and was not a disproportionate reaction under the circumstances, Selectman Maynard 2nds passes 3-0.  Selectman Maynard motions to close the evidentiary portion of the Public Hearing Selectman Limanek 2nds passes 3-0.  Chairman Hall asks Dan Chauvin to comment on solutions for this. Dan offers the following: have the dog assessed by a professional dog trainer, this would give a clear picture-the owner works with the trainer. Electric fences are a double edge sword, if the dog is motivated it will go through the electric current. Dan is a fan of 6 foot chain link fence or a kennel. Selectman Maynard asks Mr. Nogler if he is open to these suggestions. Nogler replies yes. Selectman Limanek asks Nogler how quickly you can act on this, Nogler replies a couple of paychecks. At this time Tim Rafferty states he has a kennel that Mr. Nogler can use. Dan Chauvin states the kennel needs to be on a foundation or the dog can dig his way out. Chairman Hall asks if he has any dog trainers names, Dan states Bob Clark in Northbridge and Carrie Prest in Millbury. Dan goes on to say during this period the owner has a responsibility and accountability, if the owner fails to control his dog the BOS authorize Dan a warrant to seize the dog. Dan goes on to say if you violate this, it is a court violation-it goes to superior court.  Selectman Limanek states the dog will be held at the owners expense, Dan Chauvin replies yes. Chairman Hall asks Mr. Nogler if this is all agreeable to him, he replies “yes”. Dan thanks Mr. Rafferty for being clearheaded and Mr. Nogler for taken responsibility for his dog. At this time the following motion is made by Selectman Limanek: Motion to require Mr. Nogler put certain remedies in place including a fence or kennel and assessment measures to determine other preventative actions and if any measures fall short Mr. Chauvin has the right to take possession of the dog and to take measures deemed appropriate, Selectman Maynard 2nds passes 3-0    
 Selectman Kenney returns to the Board at this time

Public Hearing*Tax Classification Hearing/Board of Assessors advertised in the 10/8/15 Millbury Sutton Chronicle- read by Selectman Maynard. Public Hearing opened- present is Robert Nunnemacher-24 Singletary Ave and RJ Nichols 32 Dodge Road.  Knick says this is a yearly meeting before the BOS as the BOS have the choice of keeping a single tax rate or a split rate for residential and commercial.  Historically it has always been a single tax rate. The tax rate is based on debt exclusions and new growth.  The increase for FY16 is 3 ½% (16.68 per 1000) new growth in the amount of $206,408.00 has been approved by DOR. The total new value of the town is $1,251,329,952; the levy limit for FY16 is $20,874,667. TA Smith recommends the single tax rate- if not we will shift a huge burden to the commercial properties in town. Selectman Maynard agrees with the single tax rate, Selectman Limanek agrees single tax rate, he would hate to put burden on agricultural properties or commercial businesses. Selectman Kenney feels comfortable with the single tax rate and asks about new growth. Knick states they go around yearly to check on additions, pools, etc. Chairman Hall concurs- keep single rate. To shift the burden it reduces the residential just a small amount yet puts a huge burden on the businesses. Selectman Limanek motions to close the hearing, Selectman Kenney 2nds passes 4-0. Selectman Limanek motions to adopt a single tax factor for Fiscal Year 2016 Selectman Kenney 2nds passes 4-0

Sr. Center Outreach Coordinator: present is COA Director Michelle Edelstein and new Outreach Coordinator Clark Alderman: Michelle says Clark is the replacement for recently retired Fritze Petrie. This is a 20 hour position that deals with SHINE responsibilities, MA Health questions, Food Stamps, Fuel Assistance, care giver needs, grief support, etc. Clark states he has lived in town for 21 years; he worked 35 years in the insurance business. His wife passed away in 2014 at which time he started delivering meals on wheels. His priority is to protect and make sure the Sr. population is healthy and active.  The BOS all welcome Clark and all agree he is the right person for the job.

MRA Sport: present is Alex Rogozenski- TA Smith begins by saying MRA had 2 well run triathlons this year and Marion’s camp is always cleaner after the race than before it starts. MRA donated $1400.00 to the Food Pantry as well as $1600.00 to the town. This is a great benefit for the town; it is a win win situation. Selectman Maynard thanks Alex for the donation to the Food Pantry. Selectman Limanek says as a resident and neighbor thank you for how professional your group is, Selectman Kenney asks if there are any winter events planned Alex replies not at this time. Chairman Hall says this is a success story in town, at 1st there were issues with the Lake Association but the effort you put into working with them and the professional nature of the events-it is great for the town. Alex states he is looking to have 2 events next year, Summer Solstice June 17th and the Blackstone Valley Olympics on July 31st.  Alex states he will have tighter communication with the lifeguards next year . The BOS all thank Alex for coming in to the meeting.

Appointment to the ZBA: present is alternate member Nicole Kuchinski. The ZBA is requesting she be moved to member due to Jeff Fennuchio moving out of town. Selectman Maynard says this is why it is important to have associate members; they can step in at any time. Selectman Limanek says it allows contingency-you can hit the ground running. Selectman Kenney thanks Nicole and says this is great experience. Chairman Hall appreciates residents that volunteer; the BOS could not do what they do without the Boards. Selectman Kenney motions to appoint Nicole Kuchinski from associate Zoning Board member to Zoning Board member to fill a vacancy left by Jeffrey Fenucchio with a term to expire 6/30/2016 Selectman Maynard 2nds passes 4-0

Peregrine Energy Group: Doreen DaFazio, Energy Mgr. is present: TA Smith informs the BOS this was discussed a few meetings ago when Paul Gromer from Peregrine was present. Kopelman & Paige revived the 3 year contract. Once signed and returned Peregrine will begin public education and community outreach as well as filings with the DPU. This is for the town’s electricity aggregation. Doreen states that originally we were going to have an IMA with Paxton Light for the maintenance but that fell through. We will now go with PRT (Pine Ridge Technologies); they offer a call center as well as insurance which Paxton Light did not. Selectman Maynard motions to enter into a 3 year agreement with Peregrine Energy Group to provide the Town of Sutton with municipal electricity aggregation for residents and businesses Selectman Limanek 2nds passes 4-0
 
TA Update:
  • Market 32 Grand Opening: Wednesday, Oct. 28th begins at 7:45 followed by flag rising by American Legion Post 414. Open House scheduled for Oct 27th. 5:30pm to 7pm-donation of $5.00 which will go to the Food Pantry, The Sr. Center or Sutton Youth Soccer.
NGrid Winter rates- met with Rep. Kevin Shaughnessy-there will be a 21% increase- last year there was a 37% increase. This is due to the lack of natural gas in New England.
  • Town of Sutton Golf Tournament- took place on Oct 9th at Clearview Golf Course. The tournament raised $2800.00 for the Mike Chizy Food Pantry.
Rte. 146/Boston Rd northbound left hand turn is totally eliminated at this time.
  • LED Streetlights-delivered to town Oct. 15th- they are awaiting installation. Once they start installing it should take a week with 2 guys putting up 30 a day.
Marion’s Camp Cook out held this past weekend thankyou to Jenn, Matt S and State Rep McKenna.

Announcements/Round Table:   
  • Selectman Maynard reads the list of needs for the Sutton Food Pantry
  • Selectman Limanek attended a Legislative Breakfast at Waters Farm last Friday and had a tour of the house as well as a wagon ride around the fields. That is a gem for the Town of Sutton.
Selectman Kenney said that over the weekend there was a Food Drive on the Common held by a little boy named Freddy. He has done this for a few years now instead of receiving birthday presents.
Chairman Hall also attended Waters Farm Legislative Breakfast.  Lions Club presents Haunted Hollows this Friday, Saturday and Sunday.
Chairman Hall would like to discuss the last meeting where during public forum several residents spoke as well as the BOS. This is typically limited to 5 minutes per topic and the response from the BOS is normally to take under advisement and develop a response if one is needed. A prior Selectman pointed this out and Dave agrees that it may have been mishandled.
  • Selectman Maynard said everyone was given a chance to speak-he sees no issue with how it was handled.
  • Selectman Limanek said it was spontaneous, we listened to everyone but it is good to have some clarity to the policy.
  • Selectman Kenney says it is not that we do not want to hear what the residents have to say but our meetings have agenda items so everyone knows what is being discussed. If we do respond there may be others that would want to have been in on the conversation.
 

9:20 pm – Selectman Maynard motions to adjourn, Selectman Kenney 2nds passes 4-0