BOS - September 21, 2004

BOS - September 21, 2004

Postby Suzanne Kane » Wed Nov 05, 2008 2:59 pm

Board of Selectmen
Agenda
September 21, 2004

6:00 pm

1. Executive Session: Tom McEnaney – Kopelman and Paige

7:00 pm
2. Call to Order

3. Chairman’s Announcements

4. Citizens Forum

7:30 pm
5. Dog Hearing Colonero

8:00 pm
6. Dog Hearing – Columbo

8:30 pm
7. Dog Hearing – Rodas

8:45 pm
8. Uxbridge Rotary Club – 2005 Bench Project

9:00 pm
9. Appointment – Skate Park Building Committee

10. Town Use – Octoberfest

11. Minutes: July 20, 2004

12. Administrators Report

13. Old / New Business

14. Adjournment
___________________________________________________________________________
Future Agenda Items:
Oct. 5th:
7 pm HeartSafe Certification (Central Mass EMS Corp.)
Oct. 19th: 7:15 pm Town Moderator and Town Clerk
___________________________________________________________________________
___________________________________________________________________________
Board of Selectmen
Meeting Minutes
September 21, 2004
Approved December 21, 2004


1. Call to Order:

Madame Chairman Shirley Mosczynski called the meeting to order at 6:00 pm. In attendance: Paula Brouillette, Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

Other staff and citizens: Town Counsel Tom McEnaney and Town Engineer William Cundiff.

Executive Session: Tom McEnaney – Kopelman and Paige:
Rich Preston made a motion to go into executive session for the purpose of discussing litigation and to return to regular session. Paula Brouillette seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, David Furno – aye, and Edward Therrien – aye.

Rich Preston made a motion to adjourn from executive session for the purpose of returning to regular session at 7:35 pm. Paula Brouillette seconded the motion. Paula Brouillette – aye, Rich Preston – aye, Shirley Mosczynski – aye, David Furno – aye, and Edward Therrien – aye.

2. Call to Order – Regular Session:
Madame Chairman Shirley Mosczynski called the meeting to order at 7:40 pm. In attendance: Paula Brouillette, Rich Preston, David Furno, Edward Therrien, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

Other staff and citizens: Animal Control Officer Jay O’Conner, Lorraine Laprade, Roger Beaucage, Regina Doyle, Tony St. Pierre, Diane St. George, Skate Park Committee members Suzanne Gagnon and Pam Mort, Abraham Rodas, Karen Albright, Gary Armstrong, T&G Reporter Steve Foskett, and Tribune Reporter Tom Mattson.

3. Chairman’s Announcements:
• Sutton 300th Anniversary:
Shirley Mosczynski congratulated the Town of Sutton for their 300th Anniversary festivities which included a parade and fireworks.
• STM: Shirley Mosczynski announced that there will be a Special Town Meeting, October 25. People should register to vote – need to register 10 days before the General Election which is by October 13th.

4. Citizens Forum:
Not citizens came forward.

5. Dog Hearing – Colonero:
In the agenda is a copy of the Dog – Public hearing procedure; Mass General Law Chapter 140 §157 – Licenses – Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs; a fax to Jay O’Conner, from Suzanne Kane, dated September 16, 2004, re: Handling Dog Complaints; Memorandum to Municipal Clients, from Town Counsel, dated August 27, 2004, re: Handling Dog Complaints; a letter to Nicholas Colonero, from Suzanne Kane, dated August 24, 2004; a letter to Lorraine LaPrade, from Suzanne Kane, dated August 24, 2004; a letter to Nicholas Colonero, from Jane Burle, dated August 5, 2004; a letter to Nicholas Colonero, from Angela Ernenwein, dated March 1, 2000; a letter from LaPrade, dated June 23, 2004; and a Douglas Animal Control Log for Nicholas Colonero. Shirley Mosczynski opened the Hearing at 7:41 pm by reading the letter to Nicholas Colonero notifying him of the hearing and the Dog – Public hearing procedures. Shirley Mosczynski called all parties forward and swore them in. Animal Control Officer Jay O’Conner, Lorraine LaPrade of 22-01 Charles Street, Regina Doyle of D22-02 Charles Street, and Roger Beaucage of 22-01 Charles Street were sworn in. Jay O’Conner stated he is seeking an order of permanent restraint of the dogs owned by Nicholas Colonero of 27 Charles Street. Lorraine LaPrade testified that a white spotted dog from 27 Charles Street bit her stepdaughter Kristen Beaucage. Their children are now afraid to go by the house. She testified that the dogs from 27 Charles attack them when they go for walks. Roger Beaucage concurred. Regina Doyle testified that she had an experience in 1991 where her son was bitten by a dog previously owned by the Colonero’s. He is now 16 – he would not go out of the house for many years. Ms. Doyle testified that recently Abigail (black dog) was growling at her – the worst is the dogs barking every night. She testified that they get woken out of a sound sleep. Rich Preston thanked everyone for their testimony. He told Jay O’Conner that he noticed there is correspondence to Mr. Colonero dating back to 2000. Jay O’Conner stated he has always had problems with the Colonero’s – licensing issues, failure to restrain, they have a history of allowing the dogs to roam. Jay O’Conner recounted an incident this spring when he went to the property – no one was home, he walked into the back yard and found 14 puppies roaming loose. Jay O’Conner stated he came back later and convinced the Colonero’s to surrender the puppies. Jay O’Conner stated that after Mr. Colonero’s dog bit the Beaucage girl the dog was placed on quarantine and restrained but the dogs were still allowed to roam. Jay O’Conner stated the two Colonero boys are handicapped and when they get home they just let the dogs out. Rich Preston asked if there are multiple dogs to which Jay O’Conner answered yes there are three – one has bit one is very aggressive; the aggressive dog charged Animal Inspector Dickey Downs. Jay O’Conner stated he has witnessed the dog’s viciousness and suggests the order include all three dogs. Lorraine LaPrade stated she just bought her home – she was told it was a beautiful place to live except for the dogs. Shirley Mosczynski closed the hearing at 7:55 pm. Jay O’Conner recommended the Board direct Nicholas Colonero install a chain link kennel, 6 feet high by 10 feet wide with a shelter inside for all three dogs. Rich Preston made a motion to authorize an order of permanent restraint to Nicholas Colonero, 27 Charles Street for the three dogs residing at 27 Charles Street in a chain link kennel, 6 feet high by 10 feet wide with a shelter inside for all three dogs. Paula Brouillette seconded the motion. All – aye.

6. Dog Hearing – Columbo:
In the agenda is a letter to Cynthia Columbo, from Suzanne Kane, dated August 24, 2004; a letter to Cynthia Columbo, from Jane Burle, dated April 20, 2004; a letter to Cynthia Columbo, from Suzanne Kane, dated February 12, 2002; a letter to Cynthia Columbo, from Elizabeth Davis, dated March 22, 2001; and a Douglas Animal Control Log for Cynthia Columbo. Shirley Mosczynski opened the hearing at 8:00 pm by reading the letter to Cynthia Columbo notifying her of the hearing and the Dog – Public hearing procedures. Jay O’Conner came forward and Shirley Mosczynski swore him in. David Furno recused himself due to a conflict – Ms. Columbo is his brother’s ex-wife. Jay O’Conner testified that Cynthia Columbo of 65 Southeast Main Street has a Rottweiler named Master that has been a problem for two to three years. He is let out every morning and goes to the road which is frequented by joggers – he has received many complaints. Jay O’Conner stated he speaks to Ms. Columbo and she is good for a couple of months then she starts letting the dog loose again. Jay O’Conner testified that one woman had to use pepper spray to keep the dog away from her. Jay O’Conner stated he has problems speaking directly with Ms. Columbo – he deals with her relatives. Jay O’Conner stated the Rottweiler usually travels with a Pitbull and a Sheepdog; those dogs are usually in a kennel. He testified that he was informed during his last visit to the Columbo’s that the dog was relocated to Maine to live with her ex-husband. Jay O’Conner stated the Rottweiler seems like a nice dog but it is intimidating by looks. Jay O’Conner stated that given the dogs history he recommends the Board issue a permanent banishment order. Shirley Mosczynski closed the Hearing at 8:05 pm. Rich Preston made a motion to authorize an order of banishment to Cynthia Columbo of 65 Southwest Main Street for the Rottweiler named Master residing at 65 Southeast Main Street. Edward Therrien seconded the motion. All – aye. (David Furno did not vote)

7. Dog Hearing – Rodas:
In the agenda is a letter to Abraham Rodas, from Suzanne Kane, dated August 24, 2004; a letter to Abraham Rodas, from Angela Ernenwein, dated March 1, 2000; and a Douglas Animal Control Log for Abraham Rodas. Shirley Mosczynski opened the hearing at 8:30 pm by reading the letter to Abraham Rodas notifying him of the hearing and the Dog – Public hearing procedures. Shirley Mosczynski called all parties forward and swore them in. Animal Control Officer Jay O’Conner, Abraham Rodas of 37 North Street, Lorraine LaPrade of 22-01 Charles Street, Regina Doyle of D22-02 Charles Street, and Roger Beaucage of 22-01 Charles Street were sworn in. Jay O’Conner handed out a letter from residents of North and Charles Street, dated September 19, 2004 which complains of excessive barking from dogs on Charles and North Streets. Jay O’Conner testified that the dogs owned by Abraham Rodas do have shelter and appear to be well taken care of however the dogs appear to spend most of their time out there. Regina Doyle testified that there is a lot of barking from every area – it’s very disturbing. Lorraine LaPrade testified that she has issues because she works nights – she can not sleep. She testified that the dogs in Mr. Rodas pen fight with each other. She has called the police and has tried to get a petition together but everyone feels there is nothing they can do. She testified there is constant barking. David Furno recused himself due to a conflict – he and Abraham Rodas are both on call at the Fire Department. Abraham Rodas testified that he too works nights – he has weird hours. He concurred with Jay O’Conner that his dogs are well taken care of. Abraham Rodas testified that other dogs run into his yard which causes his dogs to bark – “they are not barking for no reason”. He stated that if they are barking at 2:00 am he will go out and investigate – it is usually another dog in his yard. Abraham Rodas testified that he is obeying the law. He bought a devise to control their barking it emits a loud shrill beeping when the dogs bark – it is supposed to deter them from barking but he has gotten complaints about the noise. Abraham Rodas testified that with the construction at the Water/Sewer plant the dogs bark at the workers. He asked what he can do besides getting rid of his dogs. Jay O’Conner asked him if he brings his dogs in any time during the day. Abraham Rodas testified that he brings them in when he is home and if the weather is bad. Jay O’Conner asked Abraham Rodas who oversees the care of the dogs when he is at work. Abraham Rodas testified his parents and brother live in the same building and they help him out. Lorraine LaPrade stated that there is no question that he takes care of the dogs. The problem is the barking – it’s excessive. Rich Preston asked Jay O’Conner if he could offer any solutions. Jay O’Conner stated that at a normal household dogs go in around 7:00 or 8:00 pm. He suggested Mr. Rodas us a no-bark collar. He stated the K-9 University sells a good collar but cautioned it can not be worn 24 hours a day. Jay O’Conner requested the collar be used when ever the dogs are outside. He stated it’s humane and trains the dogs not to bark. The Board concurred that this was a reasonable solution – Mr. Rodas keeps his dogs restrained – the only issue is the barking. Rich Preston thanked Abraham Rodas for coming in. He stated that it is obvious that he takes care of his dogs. Rich Preston asked Mr. Rodas if he can appreciate the feelings of his neighbors and offer them some relief. Mr. Rodas stated that it’s not 100% his dogs fault. He feels that he did get something to train the dogs but people have complained. He stated he is not a fan of the no-bark collar. Mr. Rodas stated he would like to give his devise a chance but is willing to do what he has to do – he has made efforts and will continue to make efforts. Lorraine LaPrade referring to the devise Mr. Rodas has; stated she went to the group home next door to the Rodas and mentioned the alarm, they stated they could not hear the alarm. Jay O’Conner stated that he has had experience with a “Barker Breaker” and he does not feel it is a suitable devise to use out doors in a neighborhood environment – it gives off a shrill sound. Shirley Mosczynski asked Abraham Rodas how long he’s been using his devise. Abraham Rodas answered two weeks – he shut it off because of the complaints. Shirley Mosczynski closed the hearing at 8:55 pm. Jay O’Conner recommended the Board order Abraham Rodas to secure the dogs indoors during the day and use a no-bark collar when they are outside. Rich Preston stated they seem to be unfortunately at an impasse. Rich Preston made a motion directing Abraham Rodas of 37 North Street to bring the dogs residing at 37 North Street in at night between 8:00 pm to 7:00 am and further when they are out side he will use a no-bark collar on them. Paula Brouillette seconded the motion. Edward Therrien abstained. All other members – aye. (David Furno did not vote). Rich Preston asked Jay O’Conner to follow up to see the status of the dogs to make sure the collars are working and not injuring them. Jay O’Conner stated he will follow up with Abraham Rodas in 7 to 10 days after the installation of the first collar knowing the collars are costly. He asked Abraham Rodas to start with the dog that barks the most and added that hopefully the issue with the Colonero’s dogs will help his situation.

8. Uxbridge Rotary Club – 2005 Bench Project:
In the agenda is a letter to the Board of Selectmen, from the Uxbridge Rotary Club, dated August 5, 2004, re: Rotary 100th Anniversary Celebration 2005 Bench Project Uxbridge Rotary Club Serving Douglas, Northbridge, and Uxbridge; copies of benches; and a letter to the Uxbridge Rotary Club, from Suzanne Kane, dated August 25, 2004. Uxbridge Rotary Club President Karen Albright and Media Representative Gary Armstrong came before the Board. In celebration of the Rotary Clubs 100th Anniversary Karen Albright stated they would like to present a bench to the communities of Douglas, Northbridge, and Uxbridge. She explained that the Rotary Club is a community service club. Gary Armstrong, former Channel 7 reporter stated they would like the bench to be thought of as their reaching out to their family. Mr. Armstrong stated he is new to the Blackstone Valley. He is used to dealing with cities and finds the Valley the “nature of what life should be, politically, economically and spiritually”. Karen Albright stated they just need the Board to choose a bench from the examples and requests that it be placed somewhere in the Municipal building where it can be enjoyed by the community. Edward Therrien made a motion to pick the sample with the cushioned seat. Rich Preston seconded the motion. All – aye. Gary Armstrong stated that as they move into the anniversary they hope to see more of Douglas.

9. Appointment – Skate Park Building Committee:
In the agenda is an email to Suzanne Kane, from Suzanne Gagnon, dated September 11, 2004, re: letter of recommendation; and an Application for Boards and Commissions, from Christine Cheney, dated August 25, 2004, for the Skate Park Building Committee. Skate Park Committee members Suzanne Gagnon and Pam Mort came before the Board to recommend the appointment of Christine Cheney. Paula Brouillette made a motion to appoint Christine Cheney to the Skate Park Building Committee for the duration of the project. David Furno seconded the motion. All – aye. When asked the status of the project Suzanne Gagnon stated they have formed into a non-profit and are shooting for completion in the spring.

10. Town Use – Octoberfest:
In the agenda is an Application for Use of Town Property, dated September 2, 2004, from the Douglas Octoberfest Committee; a memo to the Board of Selectmen, from Suzanne Kane, dated September 20, 2004, re: Bailey’s Application; an Application for License from Bailey’s, dated September 20, 2004, to sell beer and wine outdoors in the parking lot during Octoberfest; an email to Suzanne Kane, from Chief Foley, dated September 21, 2004, re: Bailey’s One Day Liquor at Octoberfest; an email to Suzanne Kane, from Adelle Reynolds, dated September 21, 2004, re: Alcohol License; and a copy of the license and conditions for Bailey’s.. The Octoberfest Committee members Tony St. Pierre and David St. George left the meeting before this item was discussed. Suzanne Kane informed the Board that Tony Hayes of Bailey’s came to her last minute with an application to sell beer and wine outside during the Octoberfest. She notified the Octoberfest and Tony St. Pierre stated the Committee does not have a problem but they have not made a formal decision. Suzanne Kane informed the Board that as a condition set by the Towns Insurance company, Tony Hayes of Bailey’s still needed to supply a certificate of insurance for this special event. Rich Preston made a motion to approve the application for a one day liquor license by Bailey’s to sell wine and beer outside during the Octoberfest activities as presented and subject to the approval of Chief Foley. Edward Therrien seconded the motion. All – aye. The Annual Octoberfest is October 2, 2004 from 8:30 am to 4:00 pm. The Committee is requesting that Main Street be closed. Paula Brouillette made a motion to approve the Application for Use of Town Property, from the Douglas Octoberfest Committee for October 2, 2004 as presented. David Furno seconded the motion. All – aye.

11. Minutes: July 20, 2004:
Paula Brouillette made a motion to approve the minutes of July 20, 2004 as amended. Rich Preston seconded the motion. All – aye.

12. Administrators Report:
• Municipal Agreement:
Michael Guzinski reported that in regards to the negotiations with the Town of Uxbridge and the Municipal Agreement, the Town of Uxbridge has the same Town Counsel as the Town of Douglas. The Board must sign a determination allowing both Towns to use the same attorney. If they do not it would extend the process. Shirley Mosczynski asked if he knew when it would be going to Uxbridge. Michael Guzinski stated he was not sure when they meet – it went to them the same it time he received it. Paula Brouillette made a motion to authorize Town Counsel Kopelman and Paige to continue with the Municipal Agreement between Douglas and the Town of Uxbridge. David Furno seconded the motion. All –aye.
• Municipal Relief: Michael Guzinski reported that the Town of Douglas was notified in a letter from the Department of Revenue, dated September 20, 2004 about additional aid. The State wants to be sure the Board realizes that this is a one time municipal relief aid and will not be recurring. The state supplied a form to be sign and return before receiving the aid. Shirley Mosczynski has already signed.

13. Old/New Business:
Old:
• Signs:
Shirley Mosczynski asked about the signs that were voted on in July. Edward Therrien reported that some have just come in and others are still on order.
• West Street: Edward Therrien reported that they started grinding West Street today and should finish tomorrow.

New:
• CMRPC:
Paula Brouillette reported that she has received information from the Central Mass Regional Planning Commission concerning Commonwealth Capital. She recommends having Michael Guzinski work with Sutton, Uxbridge, and Northbridge. They are looking for multi municipal projects. Consensus of the Board to have Michael Guzinski work with Sutton, Uxbridge, and Northbridge on CMRPC’s Capital. Shirley Mosczynski stated the Town has a PWED still pending and asked what the status is. Michael Guzinski will look into.
• Pictures of Douglas Past: Paula Brouillette reported that the pictures of Douglas have been located. She stated that those combined with the bench would look nice in the building. She will check on the pictures.
• Building Re-use: Rich Preston stated he hopes to be meeting soon with Michael Guzinski about Municipal Building re-use.

14. Adjournment:
Edward Therrien made a motion to adjourn at 9:20 pm. Paula Brouillette seconded the motion. All – aye.

Respectfully submitted:


Suzanne Kane
Administrative Assistant
Suzanne Kane
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