9 -11- 06
At the meeting of the Randolph Board of Selectmen held Monday, September 11, 2006 the following were present: Chairman Richard W. Wells, Vice Chairman and Clerk James F. Burgess, Jr., members William Alexopoulos, Paul K. Fernandes and Paul J. Connors, Executive Secretary Michael J. Carroll, Town Counsel Paul R. DeRensis, and Administrative Assistant Linda M. Sproules.
Mr. Burgess said the opening prayer, dedicated to the late Selectman N. Joseph Previti and the 5 year anniversary of the September 11th terrorist attacks. Mr. Fernandes led the Pledge of Allegiance.
A moment of silence was held for retired Police Officer N. Joseph Previti, Auxiliary Police Officer Richard Perna, Jeannette Churchill, mother of retired Police Chief Robert Churchill, and John Ward, husband of retired Town Clerk Joan Ward.
Hearing – Dog complaint: Keeper of the dog(s) Kathleen Mason, 15 Overlook Road
Those testifying were sworn in by Town Counsel. Complainant Mr. Jean Beurskens and his daughter, Nadine Hill were present. She asked that the bylaw be changed. She said her parents were walking their dog when the pit bull (Tito) ran out of the Mason’s house. Her mother was bitten and their dog was severely hurt. She showed pictures of her mom’s injuries and the dog’s injuries. If the dog had bitten her father, who is on the blood thinner, Coumadin, it could have been very serious. She requested that the dog be muzzled or restricted from Canton Street. Animal Control Officer (ACO) Stephen Slavinsky was present as well as Police Lt. Richard Crowley. Her parents have over $1,000 in vet bills. They have contacted a lawyer about a personal injury claim against the
Mason’s insurance. Their yard should be fenced with that type of dog. Mr. Beurskens said the owner didn’t come to help them. He tried to kick the dog but he wouldn’t let go. The pit bull could have killed his dog. He said that Pit bulls are bred to be mean. Ms. Hill said that she was told that there have been 12 pit bull attacks in the last few weeks. She said the Mason’s never called her parents. ACO Slavinsky agreed with the statement about the nature of the breed. He is working with the Animal Welfare Committee (AWC) on a bylaw concerning aggressive dogs. When this took place, ACO Slavinsky was on vacation so Lt. Crowley issued a 10-day quarantine. When the ACO returned, he did his review and released the dog after 10 days. At that time, he advised the owners to build a pen. Lt. Crowley said that AWC Chair Jean Duddy had some good ideas about dealing with the dog. Mr.
Connors asked the ACO if he told her there had been 12 bites. ACO Slavinsky confirmed this. Mr. Connors asked for the reports to be submitted to the Board. ACO Slavinsky said these took place over the summer. Mr. Burgess confirmed that the owner lives at 15 Overlook Rd. The yard is not fenced and the dog is not penned. The cable run comes close to the sidewalk. Mr. Fernandes asked about the violation. Kathleen Mason and Robert Mason were present. Ms. Mason said that the dog did get out because her 12 year old son did not close the door tightly after getting his scooter. She went out immediately and saw that her son had the dog. She asked the Beurskens if they were okay. She told her son to bring the dog inside. She said that the dog, when on the front run, could not get to the street. She said that Lt. Crowley had advised her not to call the complainants. Her son has been spoken to by
the ACO and themselves. The dog is on the run when they are outside. She asked why they can’t walk their dog on a leash. She didn’t understand why she was here. Her son made a mistake. Mr. Mason said his son and his friends are always in the yard with the dog without incident. He is now always on his leash or the run. Mr. Burgess explained that when the Board receives a notarized complaint the Board is required by law to hold a hearing. Mr. Burgess asked who had the dog when she ran out. Ms. Mason said her son had grabbed him and had him separated from the other dog. She said that if the dog was really vicious, then while being kicked, he wouldn’t have been able to pull the dog off. The dog got out the door because her son didn’t close the door. Robert Mason said the dog received 2 weeks of training at Canine College in the spring. They have had the dog since it was a puppy.
Ms. Hill said the dog was not separated by the boy but pried off by her mother. Mr. Beurskens did not see the boy right away. He came after and separated the dogs. Mr. Beurskens said Mrs. Mason did not try to help them. Mrs. Mason said she did. Ms. Mason said that 10 minutes after the incident, Mrs. Beurskens was back asking for help finding her keys. She wasn’t terrified. AWC Chairman Jean Duddy was asked for her recommendation: Spay or neuter, enroll in behavior training which is more for the owners, take steps to provide additional barriers, and keep control in the household. Ms. Duddy said that a 12 year old cannot legally be the keeper. Mr. Fernandes asked ACO Slavinsky for his recommendation: Move the front run to backyard so the neighbors would feel safe and would not be seen from the street, the parents, not the son, are responsible for the dog, and to construct a pen. The dog is not
neutered. It is not being used for breeding. The Mason’s are willing to comply. Mr. Burgess said that bites are serious but he didn’t want to put the dog down. He liked recommendations of Ms. Duddy and the Animal Control Officer. After the hearing, he said the Board had to address this issue. ACO Slavinsky said that during quarantine, the leash used could be no longer than seven feet. A copy of the bylaw is issued with all dog licenses. All dogs must be on a leash when off their property. Mr. Connors cautioned Ms. Mason that this could happen again and to stress with her son the seriousness. She said that she is home all day working but occasionally she goes to meetings. The dog is not out during that time. Mr. Fernandes moved the recommendations of the Chairman of the Animal Welfare Committee and the Animal Control Officer: The front run is to be removed immediately, the dog is to be
neutered within 90 days, the dog must be evaluated by a behavior training expert within 90 days, and the dog is to be on the run out back only. After the meeting, Ms. Duddy will provide the Mason’s with the information about behavior experts. Seconded by Mr. Connors. Voted, 5-0.
Cable TV Advisory Committee could not be present tonight.
Master Plan Implementation Committee (MPIC)
Chairman Juan Carlos Serna was present and said that they are progressing with the design of the Crawford Square Business District (CSBD). They are developing a concept plan for a PWED grant application. An 11 member committee was formed by the Board. MPIC met on September 7th with the business owners. About 12-15 showed. Barry Budwit was named as their representative. The Fire Chief will be involved as well as the Safety Officer. Both the Randolph Chamber of Commerce and the Randolph Business Association have asked for representatives as well which would bring the committee to 13 members. He asked for Board’s recommendation. Mr. Burgess did not have a problem with 13 but they should have their business in the district. This is for Crawford Square only. Mr. Fernandes asked if we have any names. Mr. Wells said he had three names so far. Mr. Serna said that several had volunteered. He read the list of representatives on the committee (titles not names). Mr. Carroll to
be asked to contact board chairmen. Mr. Burgess moved to increase the membership by 2 but the member must have a business, own property, or be a tenant in the Crawford Square Business District. Seconded by Mr. Alexopoulos. Voted, 5-0.
Request of Cathy Rimkus and Deborah Nathan to be appointed as poll workers – Mr. Alexopoulos moved to appoint. Seconded by Mr. Burgess. Voted, 5-0.
Request for a pre-application conference to co-locate on an existing tower: Francis Parisi of i2 Development was present. They propose to add a whip-type antenna to the structure on 10 York Avenue. He asked for waivers. Mr. Burgess said this to combine the pre-conference and the hearing and to set a date for time certain. Mr. Burgess said that the antenna manufacturer should have something on what it produces. A noise test may not be necessary. The company should be able to certify that it won’t exceed ambient levels. Waivers could be voted at the public hearing. Mr. Burgess said to ask for a waiver of the environmental testing at the hearing. Mr. Carroll said there was intent to file an application. They were advised to ask for the waivers at the
pre-application conference. The tower already exists. Nothing would be required of an acoustical engineer per Mr. Burgess. Mr. Connors said the print on the schematic is too small to read and asked the antenna size. It is 8 feet tall and one inch wide and it will be added to top of antenna. Mr. Alexopoulos said that it couldn’t go beyond the height restriction. Mr. Parisi was advised to contact the Building Commissioner to get the maximum height allowed. If they would exceed that, then i2 Development would have to seek a variance from the Zoning Board of Appeals. Hearing scheduled for November 13th at 7:15 p.m. (*Note: Application has not been submitted.)
Linda Melchione inquired about establishing a small, metals business. Mr. Carroll will contact her to find out what type and how small, where are they coming from, who would drop off and pick up, where would they park, and where would they store the metals, and how many barrels and/or pallets would be stored.
Received a letter from Mr. Jean-Marie Trocher volunteering for the Board of Recreation. Mr. Burgess asked the status of the youth and recreation merge. Mr. Wells said it had been discussed once and would be again this week. The restructuring would be discussed also. They are having personnel put together job descriptions for the Selectmen’s review. This will be on the September 25th agenda.
Randolph Youth Soccer request for a can drive on 9/23 and 9/24 – Mr. Burgess moved to approve. Seconded by Mr. Alexopoulos. Voted, 5-0.
Lyons School PTO request for a can drive on 10/28 and 4/7/07 – Mr. Burgess moved to approve. Seconded by Mr. Alexopoulos. Voted, 5-0.
South Shore Heavy Truck & Auto Repair request for a Class 2 license – Hearing scheduled for October 16th at 7:30 p.m.
Mr. Alexopoulos moved to accept minutes of June 19, 2006 and August 21, 2006. Voted, 5-0.
Report of the Executive Secretary
Mr. Carroll said the town does not use purchase orders. In order to keep a tighter control on spending and to ensure that the product has been received, he presented a new voucher design form. Elevates the levels of control requiring two signatures – one to receive and one to approve payment. There is nothing in place now to show goods were received. Mr. Alexopoulos asked what about a one person department. Mr. Carroll said there will be exceptions in some depts. Mr. Burgess asked about the last line which reads, “Signature – cannot be the same individual who signed for receipt of the goods/service.” Mr. Carroll recommended leaving it in. Mr. Connors said certain departments could be listed as exceptions. Mr. Carroll said it is recognized that it cannot be so
rigid. Mr. Fernandes felt it should be documented or a waiver signed. “Except in the case of a one person dept, i.e. (name depts..)…” Mr. Alexopoulos said that Mr. Carroll could sign it. Mr. Carroll said that if he doesn’t know what he is signing, he won’t sign.
Street lights – Mr. Carroll had asked departments for their comments on those lights that could be shut off. He got recommendations from the Chief of Police and comments from Fire Chief. Lights would be left on in the main pedestrian areas, business districts, intersections, dangerous curves, and other areas of concern. It would leave the majority being turned off. He received a report from the Fire Chef and the bill was broken out to turn off all fire alarm boxes for over $7,000 savings per year. He confirmed with the DPW Superintendent that the fixtures that appear to be street lights are traffic signals (11) for about $11,000 per year. In discussing with Chairman of FinCom and searching for other options, Mr. Goldstein suggested that the employee health insurance account be used due to
significant staff reductions. It could be done at town meeting or at end of fiscal year. We have to determine a head count on the October bill to see if those positions that were reduced actually had medical coverage and if there is a significant reduction. Mr. Connors felt that Mass. Electric should be sent a bill for those that are not on but that we pay for. There are several that are off and have been for a long time. Mr. Connors did not think that there would be enough in the health insurance account. We need the info before the next meeting. Mr. Connors moved that the Executive Secretary contact the Town of Hull about the windmills. These could be put on water tanks, in the reservoir, and other locations. It takes a while to do but the town should start studying and explore these options. The top of the landfill could be another location. Mr. Burgess said the state gives grant money for renewable
energy. The landfill does generate electricity but not for us.
Mr. Carroll said the manhole covers and gates will be raised this week to ready for paving. Reports of damage to cars should go to Mass. Highway Department, not the town. Mr. Burgess asked for a copy of any that were reported to the police. There were several over the past weekend. Mr. Connors said he was critical of Mass. Highway at last meeting. He does not have anything bad to say about the contractor. He has done an excellent job. It has been clean. Mass Highway closed the middle opening at 659 North placeMain and corrections were made at 301 North Main Street. Mr. Carroll will find out if the contractor will pave the width at the same time for no middle seam. This could be started early and traffic could be redirected.
Public Comment
Jean Duddy said Randolph is not the only town with dog issues lately. The Animal Welfare Committee did a major revamping of dog bylaws last year. They are working on a new bylaw which will be scrutinized by experts about aggressive dogs. ACO Slavinsky has been very good working with them.
Dan Lam asked for a follow up to his request for clarification of his July 10th letter. He asked verbally and then sent a letter by certified mail. He asked for a response. Mr. Wells, speaking for himself, said that any election violation would go through the Town Clerk and, if necessary, to the Secretary of State. Mr. Fernandes said there was a formal request and there should be a response. Mr. Wells said there would be no response from the Board just the comment that it belongs with the Town Clerk who is in charge of elections. Mr. Lam said he knows what the next step is. He is disappointed by the response. Mr. Wells said he is speaking for himself and that other members of the Board could comment. Mr. Lam said he wrote to the Board, not Mr. Wells individually. Mr. Fernandes
said the letter was in correspondence but that it was not put on as an agenda item. Mr. Alexopoulos moved to put the request on the next agenda. Seconded by Mr. Fernandes. Voted 4-0-1 (Burgess abstained).
Joe Burke– asked about the fire alarm boxes. Mr. Carroll said the light and the box cost over $7.00 per month per box with practically zero use. Most calls come by phone. No danger to citizens. Many years ago, the boxes were used because people didn’t have cell phones.
Patrick Connors of Local 1268, IAFF thanked the residents for their generosity in giving to the boot drive for Muscular Dystrophy. Over $1,000 was raised. He recognized retired firefighter William Jimoulis whose last day was August 14th after 38 years. Mr. Wells said “Billy J” served the town and his fellow firefighters very well. His mentoring was well known. Send letter of congratulations from the Board.
Judy Gangel expressed her concern about the height and slant of the sidewalk at 458 North Main Street which would be when icy. Someone could slide into the street. A lot of snow will block the slope. She suggested that they should have raised the street a little. She feels it is a liability. She asked formally for a response.
Liaisons – Mr. Fernandes said the liaisons were appointed many years ago and that the assignments should be reviewed and reassigned. Mr. Wells said that he and Mr. Carroll were recently discussing the budget schedule, and he was going to ask for Board volunteers. Mr. Carroll said the next meeting is largely financial.
Mr. Connors said that there has been a request from the Library Trustees for appointments. Board voted, 5-0 to appoint Paul Connors. Mr. Alexopoulos already serves as one.
Mr. Burgess asked about the Glovers Brook Road letter. This will be put on the agenda for next meeting.
Mr. Burgess asked Mr. Carroll about the Mass Highway letter requesting water for the Rt. 28/I93 ramp project. Mr. Carroll said he discussed this with Steve Levreault who talked with Dave Zecchini. Using hydrants was not recommended by the DPW due to discoloration, fluctuation of water flow and disruption to residents and businesses in that area. They were advised to bring it in by tanker. Mr. Carroll said that he relayed this to MHD.
Mr. Burgess asked about Ed Daly’s request. Mr. Carroll said the letter came in on Friday. Ed Daly told him that it is not pressing. It has been referred to Safety Officer for recommendation.
Mr. Burgess asked about the Town Accountant’s letter regarding free cash and that the extra audit may cost $10,000. Mr. Connors asked that this be held.
Mr. Burgess asked about the Local Inspector position. Mr. Carroll said it was advertised in the Beacon with one response the first time. The deadline for the second ad has not passed.
Mr. Burgess asked if we have received an update from the County Commissioners regarding the gas bid. Mr. Carroll will call tomorrow.
Shopping cart bylaw – Mr. Carroll said the bylaw is ambiguous, that it puts both the DPW and the Building Commissioner as responsible. He is waiting for Town Counsel’s opinion. The Building Commissioner’s request was delayed in the spring due to the budget condition. Received about 4 weeks ago. Nothing received in the office.
Mr. Fernandes asked about a joint meeting with School Committee. Mr. Wells said that they are still working on schedules.
Mr. Fernandes attended the Eagle Scout ceremony for Eric Every a few weeks ago. Several citations were received. It was an impressive ceremony.
Mr. Fernandes noted the request at the last meeting from the Randolph Interfaith Community for a bike ride to be held on September 30th. Mr. Carroll said he spoke with the pastor last Friday who said he had not been in touch with the Police Chief. The Chief was to coordinate the route. Mr. Carroll did not speak with the Chief today.
Mr. Fernandes encouraged citizens to vote in the primary on Sept. 19th.
Mr. Connors complimented the Elks on their 9/11 ceremony. Congressman Lynch’s comments were wonderful and it was a great event. They will continue to do this every year. It was chaired by Frank Staffier. The Elks are trying to make it part of their remembrance ceremony.
Mr. Wells asked that the DPW take care of painting the crosswalk at Fowler and West and replace the stop sign at Lafayette and West Streets.
Mr. Wells said that the Board of Recreation is starting a basketball league. They are looking for volunteers for coaches, refs, scorekeepers. They are also looking for sponsors.
Mr. Connors moved to adjourn. Voted, 5-0.
Meeting adjourned at 9:15 p.m.
Clerk of the Board
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