Board of Selectmen Minutes
Meeting date:
Tuesday, June 5, 2012
Board of Selectmen Present: David Lindsay
June 5, 2012 Stanley Wysocki
Lawrence Delaney
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
OFFICER’S WARRANT FOR UNLICENSED DOGS IN BOLTON
Present: Susan Latham, Animal Control Officer and Pamela Powell, Town Clerk
The Board of Selectmen received an outline of the dog licensing procedures. There are 44 unregistered dogs in 33 households in town. Ms. Latham stated that every effort is made to get all dogs licensed prior to taking anyone to court.
On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted to sign the warrant pursuant to MGL Chapter 140, Section 137 for potential legal action against the owners of unlicensed dogs. (Lindsay – yes, Wysocki –yes, Delaney – yes)
DOG COMPLAINT
Present: Mr. Robert Roy, Mr. & Mrs. Sipowicz, Susan Latham, Animal Control Officer, Phyllis Tower, Animal Inspector, Pamela Powell, Town Clerk
Mr. Delaney noted that he had filed a disclosure with the Town Clerk stating that while resides on Fox Run Road he does not know the Sipowiczs or their dogs.
The Board of Selectmen held a public hearing pursuant to MGL Chapter 140, Section 157 to investigate a written complaint dated May 9, 2012 filed by Robert Roy, Jr. relative to a dog owned by Mr. & Mrs. Sipowicz at 122 Fox Run Road.
Mr. Roy described the circumstances surrounding the dog bite that he received on April 30, 2012 while delivering propane to the Sipowicz residence. Mr. Roy stated that he received medical treatment for the dog bite.
Ms. Latham reported that this is the third report of a bite by the Sipowicz dog named Alley since July of 2011. Ms. Tower could not recall a time where she had to quarantine a dog more than once as a result of a dog bite.
Mr. Sipowicz noted that all bites in question occurred on their property and that their dog was not out running the neighborhood. They have made repeated efforts to contain the dog to the property including an electric fence, fenced in area and posted “beware of dog” signs on the property. They have also contacted vendors and asked that they be notified before any deliveries are made to their home so that they can be sure the dogs are inside the home before anyone enters their property.
Ms. Raduazo, mother of the teenager that was bitten by the Sipowicz dog in July of 2011, stated that her son required medical treatment as well and has a scar. Ms. Raduazo was not aware of any “beware of dog” signs posted on the property. Ms. Raduazo felt she had an obligation to her neighbors and community to express her concerns because of the continued behavior of the dog. Mr. Drugge, who has spent time at the Sipowicz property, stated that the dogs were well behaved.
On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted to declare the Sipowicz dog named Alley to be dangerous. (Lindsay – yes, Wysocki –yes, Delaney – yes)
Ms. Latham recommended that the dog be confined within the boundaries of a 6 foot chain link fence when not inside their home. Mrs. Sipowicz stated that they have a 6 foot fence surrounding their pool in which to keep the dog confined. Mr. Lowe cautioned Mr. & Mrs. Sipowicz to be sure the fence was secure so that the dog could not dig under the chain link fence and escape.
On a motion made by Delaney and seconded by Wysocki, the Board of Selectmen ordered the dog named Alley to be confined within the boundaries of a 6 foot chain link fence when not inside their home, and on a leash at all times when it is outside their home or the secure fenced-in area. The fence will be inspected by the Town’s Building Inspector Michael Sauvageau. (Lindsay – yes, Wysocki – yes, Delaney – yes)
DISCUSSION REGARDING THE INSTALLATION AND FUNDING FOR A CHAIR LIFT AT THE HOUGHTON BUILDING
Ms. Abdalian met with the Board of Selectmen to discuss the installation and funding for a chairlift at the Houghton Building for those that would like to participate in Bolton Access Television’s programming studio on the 2nd floor.
Options included funding the project out of the building account (190), a transfer from the Advisory Committee reserve fund, the Board of Selectmen releasing funds from the Comcast account to BatCo, using excess funds at the end of FY12 or bringing the request for funds to the next town meeting. Mr. Brown, DPW Director, had earlier confirmed that the building account could not accommodate the expense. The consensus was that the chairlift did not meet the requirements for a transfer from the Advisory Committee reserve fund and that BatCo should not be funding the project for the town-owned building.
Mr. Delaney questioned whether the chair lift was the best solution when it might not meet the ADA requirements if the use of the building changed in the future.
Mr. Lowe will discuss with Mr. Sauvageau, Building Inspector to be sure that the total cost of the renovations does not trigger any additional ADA compliance requirements.
Mr. Lowe has discussed the possibility of excess funds being available with Ms. Costello, Town Accountant and is confident this project can be funded. The Town is required to solicit three quotes for the installation of the chairlift as required by the procurement laws. Ms. Day will solicit the required quotes.
On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to instruct Ms. Costello to determine what excess funds could be transferred into the Building Account (190) for the purpose of funding a chairlift at the Houghton Building, but that no action be taken until the Board of Selectmen votes to move forward with the project. (Lindsay – yes, Wysocki – yes, Delaney – yes)
REQUEST FOR JULY 4TH CELEBRATION
Mr. Darcy requested permission to have a 4th of July Celebration to include a parade and festivities at Memorial field immediately following the parade. The event is scheduled to begin at 9:30 a.m. and end at approximately 12 noon. Chief Alfano is in support of the event.
Mr. Darcy was informed that because Bolton Celebrates is not an entity that falls under the Town of Bolton, they would not be covered under the Town’s insurance and would be required to obtain their own liability insurance for the event.
Mr. Delaney encouraged Mr. Darcy to check the corporate status of Bolton Celebrates before doing any fundraising for the event.
On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted to approve the request for the proposed July 4th Celebration contingent upon the support of the Parks and Recreation Commission, obtaining the appropriate permits and the organizers obtaining the required liability insurance, as well as the appropriate funding necessary to cover the expenses for the event. (Lindsay – yes, Wysocki – yes, Delaney – yes)
TOWN ADMINISTRATOR REPORT
Daylilies: The Board of Selectmen received a letter dated May 29, 2012 from Mrs. King stating that she will be putting out the directional signs for the selling season of daylilies from Monday June 18, through September 16, 2012.
NRHS incident on May 6, 2012: On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to send a letter in response to correspondence received from an individual regarding the May 6, 2012 incident. (Lindsay – yes, Wysocki –yes, Delaney – yes)
BOARD OF SELECTMEN BUSINESS
Plotter Donation: On a motion made by Delaney and seconded by Wysocki, the Board of Selectmen voted to accept the donation of a plotter from Mark Duggan for town use. (Lindsay – yes, Wysocki – yes, Delaney - yes)
Transfer Station Stickers: On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted to approve free stickers in any combination of green and orange stickers up to $100.00 for seniors (head of household member – 61 or over) for FY13. (Lindsay – yes, Wysocki – yes, Delaney – yes) Mr. Lindsay disclosed that he meets the eligibility requirements to receive the free stickers.
Gift Account: The Board received a request from Ms. Gumbart, Conservation Administrator to approve the creation of a gift account for an Eagle Scout project being done by Chris Cole at the Vaughn Hills Conservation Area. The project is budgeted at $300 and the town has received some donations toward the project. The Selectmen deferred their decision until next meeting so that more research can be done to determine what the best resolution is for handling the donations.
Enforcement Officer: Mr. Lowe stated that the Fire Chief has the ability to issue fines to an establishment for non-compliance with the building and fire codes, but lacking a “Fine Enforcement Officer”, there is no one that the establishment can appeal to. Mr. Lowe stated that the Enforcement Officer must first complete a 2-hour training and by statute it is a stipend position of not less than $2,500. This has not been budgeted for FY13 and will be deferred to FY14 unless the training is offered sooner, and the stipend could be funded with a transfer from the Advisory Committee reserve fund.
Minutes: Regular Session minutes of April 12, 26, May 7, 8 and May 17 and Executive Session minutes of April 12 and May 10, 2012 were approved.
EXECUTIVE SESSION
On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted 3-0 by roll call (Lindsay – yes, Wysocki – yes, Delaney - yes) to enter into executive session under the authority of Massachusetts General Laws, Chapter 30A, Section 21A (3) at 8:55 p.m. to discuss collective bargaining. The Board announced it would reconvene to regular session only for the purpose of adjourning.
Respectfully submitted by Linda L. Day