Board of Selectmen Minutes

Board of Selectmen                                        Present:           Stanley Wysocki

June 15, 2017                                                                          Thomas J. Frain

Town Hall                                                                               Jonathan Keep

                                                                                                Don Lowe, Town Administrator

                                                                                                Linda L. Day, Town Secretary

Chairman Frain called the Board of Selectmen’s meeting to order at 7:00 p.m.

DOG COMPLAINT HEARING

Present:  Town Counsel Jessica Murphy, Mirick O’Connell and Attorney Michael Stefanilo representing Ms. Balodimos and Mr. Kotidis.

Chairman Frain read the hearing notice into the record.  (Exhibit 1)  Ms. Day, Town Secretary confirmed that the notice was served upon Ms. Balodimos and Mr. Kotidis (dog owners) via certified mail.

Chairman Frain stated that this hearing isn’t to determine whether or not a dog is dangerous, but to determine whether there has been a violation of the previous order issued by the Board of Selectmen at the hearing on Thursday, March 23, 2017.

Mr. Frain established the ground rules, stating testimony will be limited only to the issues directly related to the subject matter of the hearing and any testimony given should be of any incidents following the March 23, 2017 order.  Only one person will be permitted to speak at a time, all parties should identify themselves by giving their name and address when speaking and all discussion will go through the Chairman.   All parties will be expected to conduct themselves civilly and argument between parties will not be permitted.  The proceedings will be recorded and the recording preserved. 

All parties planning to testify were sworn in by Ms. Day and asked to sign the attendance sheet being circulated.

Those in attendance included:  Susan Latham, Animal Control Officer; Colleen and Mark Harwood, 42 Annie Moore Road; Lori Altongy, 26 Annie Moore Road; Mr. John O’Loughlin, 250 Long Hill Road; Ed Koppelman and Naomi Martin, 194 Annie Moore Road. 

Due to conflicts both Attorney Kesten and his clients Ms. Balodomis and Mr. Kotidis were not available to attend the hearing. 

Attorney Stefanilo representing Ms. Balodomis and Mr. Kotidis read a statement on behalf of his clients, who are out of the country celebrating the graduation of their daughter from high school. Attorney Stefanilo clients would be grateful if the Board would re-schedule the hearing so that they could appear before taking any final action.  Attorney Stefanilo stated that his clients are responsible citizens and want nothing more than to gain the respect and friendship of their neighbors.  Since March, 2017 they have placed a six-foot fence around their property at a cost of $126,000 and have signed a contract for the addition of the slanted fencing at the top of the fence as well as the eighteen inch barrier at the bottom of the fence at a cost of $30,000 which they anticipate will be completed by the end of July.  Additional steps have been taken to ensure that the animals don’t escape again that included adding a padlock to the gate between the garage and the house where the dogs escaped from previously.  The animals are enrolled in a comprehensive training program at Absolute K-9 Solutions and the dogs have shown a great deal of progress.  If the Board of Selectmen sees it fit to conduct another hearing before making any final decision, the clients propose inviting the dog trainer from Absolute K-9 Solutions to the hearing. 

Mr. Frain stated that there was extensive communication back and forth with Counsel about a continuance of the hearing, and for a variety reasons, specifically that there has been a total of three dog bites, they declined to continue the hearing.

Mr. Frain read a letter into the record from Karen Kaplan, of Providence, Rhode Island who was bitten by a dog at 37 Annie Moore Road on Friday, April 14, 2017; (Exhibit 2) and a letter from Lori Altongy, 26 Annie Moore Road, Bolton, MA about an incident she witnessed on May 19, 2017 when a gentleman, who was working at the home of the dog owners, was being chased by three German Shepherds as she waited at the bus stop for her children.  (Exhibit 3)

Ms. Latham, reported she wasn’t made aware of the dog bite until after Ms. Kaplan went to the doctor and was told that it should be reported.  Ms. Latham was never informed by the dog owners that there had been a problem.  Phyllis Tower, Animal Inspector quarantined the dog within   the 10 day period.

Ms. Latham reported that she met with Ms. Altongy the day after the incident to discuss what occurred.  She posted a citation at the home of the dog owners that included a request that they contact her as soon as possible.   Ms. Latham received a phone call from Mr. Kotidis three days later but he had to hang up to take another call and after that wouldn’t speak with her again.  Ms. Latham stated that the gentleman who was at the home to provide a service was bitten on the leg outside of the home.  When she spoke to the gentleman and encouraged him to get the proper care for the bite wound he indicated that he was just bruised and there wasn’t a puncture wound.  .

Ms. Altongy didn’t have any additional information to add to the discussion, but when asked by Mr. Frain she did confirm that the incident took place just before the children were being dropped off at the bus stop.

Mr. Wysocki’s opinion is that while the dogs have moved on to phase 2 of their training, it doesn’t appear phase 1 has done much of anything in terms of expected behavior.

Ms. Latham stated that the time to start training dogs is at 7 weeks, not at a year old, especially since these dogs are running as a pack which is entirely different mindset for the animals.  They don’t look to the owner but look to their mom.  Ms. Latham stated that it is unclear what dog is doing the biting. 

Attorney Murphy stated that a violation of the order wouldn’t have occurred if there was a bite in the home because the order issued by the Board of Selectmen dated March 23, 2017 addressed restrictions based on a bite outside of the home. Attorney Murphy stated that an order that they not bite is really not enforceable, but one way to prevent bites in the home would be to require the dogs be muzzled at any time there is a guest expected in the home. For the record, Mr. Frain stated that the letter regarding the Kaplan incident it states that the bite took place in the yard, but it is not clear what yard and where.

Attorney Stefanilo chose not to cross-examine anyone at the hearing.

Mr. Mark Harwood stated that the dog owners installed a chain link fence on their 4 ½ acres and a 200-foot long, 6-foot high stockade fence in front of his driveway which is in violation of the Board of Selectmen’s order of  March 23, 2017.  On or about the weekend after Easter, he witnessed the dog owner’s daughter and her friend walking two of the German Shepherds in the Orchard when Chuck Lord, owner of the orchard, issued a letter stating they can no longer walk their dogs in the orchard. 

Mr. Harwood also stated that they had a large party and at one point there was such a commotion in the backyard that he had to ask to be sure that people were ok.

As suggested by Attorney Murphy, the letter from Attorney Kesten to Town Counsel, dated June 8, 2017 was read into the record by Attorney Stefanilo that outlined steps being taken to address the issues.   (Exhibit 4)

Mr. Frain read into the record the letter from Mr. Donald Lowe to Ms. Balodimos and Mr. Kotidis regarding the Board of Selectmen’s vote to declare the dogs dangerous and the orders 1-4.  (Exhibit 5)

On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to close the evidentiary hearing.   (Frain - yes, Keep – yes, Wysocki - yes)

Mr. Frain stated that in his opinion there has been a clear violation of the Board of Selectmen’s order dated March 23, 2017 on many levels and the fact that people have been bit speaks for itself.  The dogs were clearly outside the property without a leash and people have been harassed and have had to run for their physical safety.  Both Mr. Wysocki and Mr. Keep agreed with Mr. Frain’s opinion.   On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted that the dog owners have violated the Board of Selectmen’s order dated March 23, 2017.  (Frain – yes, Keep – yes, Wysocki – yes)

Mr. Frain, addressing Attorney Stefanilo, stated this is the last straw for the dogs, noting that he is a dog owner himself, but the neighborhood is being harassed and it can’t happen again.  There is broad authority that the town can take and if they find themselves back here again they should expect that to happen.

On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to order the following:  Until Monday, June 19, 2017 at 5:00 p.m. the existing sitter be with the dogs 24/7.  By Monday, June 19, 2017 at 5:00 p.m. the dogs must be kenneled by the owners and if for some reason they can’t be kenneled Mr. Lowe is to receive a call from the dog owners and they may be given a 24-hour extension and after that time the Town would kennel the dogs through its own authority under statute.  Effective immediately any possible doors including gates on the fence be locked until the fence is completed on July 31, 2017 at 5:00 p.m.  The dog owners have been given until Monday, July 31, 2017 at 5:00 p.m. to complete the fence, and until the fence is complete, for the dogs to be at the premises the dog owners must be at the premises.  The dogs must be neutered within 30 days.   Immediately each of the dogs will be given a distinct color collar and the assignment of the colors be reported to the Animal Control Officer. Signage will be attached to the appropriate part of the property indicating “Beware of Dangerous Dogs”.   The March 23, 2017 order remain in full force and effect.   (Frain – yes, Keep – yes, Wysocki – yes)

Attorney Stefanilo didn’t see the order that the owners be with the dogs at all times as feasible and a burden for them.  He also stated that this proposal is the most comprehensive proposal he has ever seen in light of the complaints.

On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted that the order is in full force and effective immediately.  (Frain – yes, Keep – yes, Wysocki – yes)

On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to close the hearing and request that the proper notice of the decision be drafted and sent in accordance with the law.  (Frain – yes, Keep – yes, Wysocki – yes)

SIGN REQUEST

Mr. Michael Nelson requested approval for three signs to advertise his new Antique business at 713 Main Street.  A sign, approximately 22” X 22” will be located on the existing post in front of the building, a standard size banner will be located at the entrance on the side of the building and a sign, approximately 60” X 12” wide will be located on the second floor of the building vertically.  After discussion with the Board of Selectmen, Mr. Nelson was willing to forego the sign on the second floor of the building.  On a motion made Wysocki and seconded by Keep, the Board of Selectmen voted to approve the request for the sign in front of the building and at the entrance on the side of the building.  (Frain – yes, Keep – yes, Wysocki – yes)

TOWN ADMINISTRATOR REPORT

Update on Minuteman:  Mr. Lowe was very pleased to announce that the groundbreaking ceremony took place at Minuteman on Wednesday, June 14, 2017 at 9:15 a.m. to kick off the building project.

Replacement of Yield Signs with Stop Signs:  On the recommendation of the Public Ways Safety Committee, the Board of Selectmen at their meeting on May 12, 2016 voted to approve the replacement of yield signs with stop signs at the following intersections:  on Ballville at Wilder, on Danforth at Hudson, on Frye at Berlin, on Jordan at Berlin, on Meadow at Long Hill, and on Sargent at Wattaquadock Hill.  To get the word out this information was published in The Independent and on the town website.

BOARD OF SELECTMEN BUSINESS

Inter-Municipal Agreement between the Towns of Hudson, Bolton, Boxborough, Littleton and Stow and the MetroWEST CD:  On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve and execute the above-mentioned agreement.  (Frain – yes, Keep – yes, Wysocki – yes)

Lease Agreement between the Town of Bolton and Conservation Trust, Inc.:  On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve and execute the above-mentioned lease.  (Frain –yes, Keep – yes, Wysocki – yes

Appointment - Board of Registrars: In accordance with Massachusetts General Laws, Part I, Title VIII, Chapter 51, Section 15 the Bolton Democratic Town Committee voted to submit three names of registered Democrats to the Board of Selectmen for appointment to the open position on the Board of Registrars.  They included Vaughn Mackie, Emily Kate Buyuk and Laura Beth Roberts.  The Board of Selectmen also received a letter from Town Clerk Pamela Powell explaining that traditionally a major part of the job of the Assistant Town Clerk was the responsibility for the entire registration process and therefore recommended that the Board of Selectmen appoint Assistant Town Clerk Ms. Jennifer Marquis.  On a motion made by Frain and seconded by Keep, the Board of Selectmen voted to appoint Ms. Laura Beth Roberts to the Board of Registrars.  (Frain – yes, Keep – yes, Wysocki – yes)

Appointment - Audit Advisory Committee:  At a duly called joint meeting, on a motion made by Wysocki and seconded by Keep, the Board of Selectmen and Advisory Committee voted to appoint Heather Hughes to the Audit Advisory Committee.  (Frain – yes, Keep – yes, Wysocki –yes, Boyle – yes, Kirchner – yes)

Annual Appointments:   On a motion made by Keep and seconded by Frain, the Board of Selectmen voted to make the following appointments:  Ambulance Director-  Margaret Diaz; Animal Control Officer - Susan Latham; Board of Appeals member – Bradley Reed, Board of Appeals Associate member – Bryan Holmes; Building Official – Michael Sauvageau; Cable Advisory Committee - Robert Johnson, Kenneth Troup, Danielle Cochrane; Capital Planning Committee – Michael Gorr; Conservation Commission Jeff Larence; Council on Aging – Barbara Brown and Shirley Sefton, Emma Herbison and Thomas Byron; Economic Development Committee –Michael Murphy, Erik Neyland, Daniel L’Ecuyer, Mark Ayotte, Amy Balewicz, Gwen Cook, Rick Bernier, Emergency Management Co-Directors – John Mentzer and Warren Nelson; Fire Chief and Forest Warden – John Mentzer; Historical Commission – Martha Remington, Bill Nickles, Human Services & Safety Committee – Pat Bensetler; Wiring Inspector – James Boodry; Assistant Wiring Inspector - Peter Casello; Insurance Advisory Committee –Barbara Brown, Donna Madden and Ninotchka Rogers; Mart Advisory Board – Kenneth Troup; Minuteman Advisory Group on Interlocal Coordination (MAGIC) – Donald Lowe; Tree Warden – Mark Caisse; Veterans Agent – James Cabral and Wheat Representative Patricia Bensetler.

Officer’s Warrant for unlicensed dogs in Bolton: The Board of Selectmen received an outline of the dog licensing procedures.  As of June 12, 2017, 35 dogs in 29 households are unlicensed.  On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to sign the Officer’s Warrant for unlicensed dogs in Bolton.  (Frain – yes, Keep – yes, Wysocki – yes)

Transfer Station Stickers:  On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to approve the policy granting free stickers, in combination of green and/or orange stickers, up to $100.00 for seniors (Head of household member – 61 or over) for FY18.  (Frain – yes, Keep – yes, Wysocki – yes,)

Bolton Access Television:    On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted to release $29,941.09 from the Comcast fund to Bolton Access Television for their operating expenses, as requested by Ms. Sauer  (Frain – yes, Keep – yes, Wysocki –yes)

Ms. Sauer informed the Board of Selectmen that Bolton Access Television is selling DVD recordings of the 2017 Nashoba Regional High School graduation and proceeds will go toward scholarships for students.   She also stated that there is a lot of enthusiasm about recording Nashoba Regional High School sports next year.

Useful Life of the Departmental Equipment:  On a motion made by Frain and seconded by Wysocki, the Board of Selectmen voted to execute a document stating that the maximum useful life of the following departmental equipment is determined pursuant to G.L. 44, s. 7(9) to be at least 15 years:  DPW Truck, Article 15, voted May 2, 2016, $104,000;   Tractor/Loader, Article 17, voted May 2, 2016, $93,562;  Sander Body, Article 18, voted May 2, 2016, $65,000; Repeater System, Article 22, voted May 1, 2017, $271,855.

Grants:  Mr. Keep stated that it was important for Town departments to research and identify what grants may be coming available to apply for.  Mr. Keep referenced a recent issue of the Beacon that published a state website that lists a variety of grant opportunities.  

Mr. Lowe agreed and stated a good example is when Timothy Chorey from the Massachusetts Fish and Wildlife was in town and referred to a grant geared toward culverts that would be coming out. 

Mr. Lowe will be attending a workshop on Monday, June 19, 2017 to follow up and get the details for this grant.

Mr. Lowe stated that although grant writing is not a part of the staff job descriptions, it is his expectation that the department heads pursue any relevant grants opportunities.

On a motion made by Wysocki and seconded by Keep, the Board of Selectmen voted adjourn at 8:40 p.m.  (Frain – yes, Keep – yes, Wysocki - yes)

Respectfully submitted by Linda L. Day