BOS - February 18, 2003

BOS - February 18, 2003

Postby Suzanne Kane » Mon Nov 10, 2008 9:02 am

Board of Selectmen
Agenda
February 18, 2003


7:00 pm

1. Call to Order

2. Chairman’s Announcements

3. Citizen’s Forum

7:15 pm
4. National Pollutant Discharge Elimination System (NPDES) – Bill Cundiff

7:30 pm
5. Dog Hearing

6. Spring Meadow Estates

7. Town Use – Douglas Police

8. Building – Rich Preston

9. Minutes – February 4, 2003

10. Administrators Report

11. Old/New Business

12. Adjournment
________________________________________________________________________________________
Board of Selectmen
Meeting Minutes
February 18, 2003
Approved March 4, 2003


1. Call to order:

Madame Chairman Shirley Mosczynski called the meeting to order at 7:07 pm. In attendance: Paula Brouillette, Rich Preston, Executive Administrator Ken Mahony, and Administrative Assistant Suzanne Kane. Ron Forget and Edward Therrien were both absent.

Other staff and citizens in attendance: Dog Officer Jay O’Connor, Town Engineer Bill Cundiff, Chris Coleson of 98 Maple Street, Kim Phillips and Steve Ralph of 157 Monroe Street, Kate and Mark Foynes of 9 West Street, T&G reporter Steve Foskett, and Tribune reporter Tom Mattson.

2. Chairman’s Announcements:
Shirley Mosczynski thanked the Highway Department for all the work they have been doing keeping the roads cleared during all the snow storms.

3. Citizen’s Forum:
No citizens came forward.

4. National Pollutant Discharge Elimination System (NPDES) – Bill Cundiff:
In the agenda packet is a copy of the NPDES form for Phase II – Small MS4; and a copy of the NPDES, Phase II Stormwater Pollution Prevention Plan for the Town of Douglas, dated March 10, 2003. Bill Cundiff passed out a memo to the Board of Selectmen, dated February 18, 2003, re: NPDES Stormwater Management; and a revised draft of the NPDES, Phase II Stormwater Pollution Prevention Plan. He asked that a public hearing be scheduled for the next Selectmen’s meeting on March 4th. He stated that there may be some Zoning Bylaw changes, the State is involved at some level, but it is too early to tell what the outcome will be.

5. Dog Hearing:
In the agenda packet is a letter to the Board of Selectmen, from Animal Control Officer Jay O’Connor, faxed on February 13, 2003, re: Dog Incident; a letter to the Board of Selectmen, from Kate & Mark Foynes, dated February 3, 2003; a copy of the Dog – Public Hearing Procedure; a copy of the Mass General Laws, Chapter 140: §157, Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; a copy of a Memorandum to Municipal Clients, from Kopelman and Paige, P.C., dated November 1, 1991, re: Dog Hearings; a copy of a letter to Chris Coleson, Kim Phillips, Kate and Mark Foynes, and Jay O’Connor, from Suzanne Kane, dated February 5, 2003; copies of Animal Control Logs from June 2003 to January 2003; and a letter to Chris Coleson, from Elizabeth Davis, dated November 1, 2000. Shirley Mosczynski opened the Dog Hearing at 7:30 pm and then swore in all parties who would be giving testimony. Animal Control Officer Jay O’Connor came before the Board and explained why he was asking for an Order of Permanent Restraint. He explained that on February 2nd he had received a call that two dogs had killed a pet rabbit owned by Kate and Mark Foynes of 9 West Street. The Foynes had seen the dogs standing over the dead rabbit, but could not catch the dogs. They described the dogs to Mr. O’Connor. The next day Mr. O’Connor received a call from Jim Ingell of 44 Manchaug Road stating he had caught two dogs, fitting the description of the dogs that killed the rabbit, and was keeping them on his property. When Mr. O’Connor went to pick the dogs up he found they were two dogs that he has encountered before. Chewy, owned by Chris Coleson of 98 Maple Street, and Kobie, owned by Kim Phillips of 157 Monroe Street. Mr. O’Connor told both parties that we would hold a Public Hearing for an “Order of Permanent Restraint” and explained that they would be required to construct a six foot tall, chain link kennel with an escape proof floor and that the dogs would no longer be allowed on a cable or other type of restraint device. He also stated Chewy may require a roof over his pen. Next Mark Foynes came before the Board. Mr. Foynes described the events that lead up to the reason he and his wife sent a letter of complaint to the Board. He stated that he does not want restitution; they are only looking for an order of permanent restraint so this never happens again. Chris Coleson then came before the Board and submitted a letter written by him, dated February 18, 2003 in reply to the Certified Letter he received from the Selectmen’s Office, and pictures of Chewy. He first apologized to the Foynes, stating he has young children too and knows the grief of loosing a pet. He recounted the events of the day Chewy escaped from his pen and how he looked for him until he received the call that Chewy had been located. He has been working with Jay O’Connor to erect an escape proof pen for Chewy and stated he now walks him to the pen on a choke collar. Once the weather is warmer they will pour a concrete floor in the pen. Mr. O’Connor will be inspecting the pen this week. Next Kim Phillips and Steve Ralph came before the Board. They also apologized to the Foynes for the loss of their pet rabbit. They too are cooperating with Mr. O’Connor to keep their dog, Kobie, from roaming. Jay O’Connor stated he will be following up in the spring with both parties. Rich Preston thanked Jay O’Connor for his professionalism in this matter, and the dog owners for being pro-active at working to keep their dogs restrained. Rich Preston made a motion to close the Dog Hearing at 7:45 pm. Paula Brouillette seconded the motion. All – aye. Rich Preston made a motion to approve the Order of Restraint and the recommendations set forth by Animal Control Officer Jay O’Connor. Paula Brouillette seconded the motion. All – aye. Shirley Mosczynski asked that written notice be sent to the dog owners.


6. Spring Meadows Estates:
In the agenda packet is a memo to the Board of Selectmen, from Ken Mahony, dated February 10, 2003, re: Spring Meadow Estates; a copy of the vote of Article 25 of the May 16, 1998 Annual Town Meeting; a copy of a memo to Ken Mahony, from the Board of Assessors, dated January 2, 2003, re: Springmeadow Estates; a copy of a letter to David Owen, from Kopelman and Paige, P.C., dated August 16, 2001, re: Springmeadow Subdivision – Street Acceptances; and a copy of a zoning map of the area. Taken out of order after Citizens Forum. Ken Mahony gave background on this item; stating this has been an issue for more than five years. What is holding it up is that there are seven property owners who own easements on the road. He stated he has found a bylaw that was passed some time ago; that allows us to plow private ways, and believes we can charge for it. Shirley Mosczynski stated that a few years back there was a procedure proposed that people could go through. The Board of Selectmen had decided against it because of safety reasons and decided to allow for plowing with out the request procedure. Rich Preston stated that this is an ongoing issue, which pre-dates Mr. Mahony. Ken Mahony stated he would like it clarified; the current owners are all new and may have no idea of what has gone on in the past. He would like to give them the basic facts. Paula Brouillette asked if Mr. Mahony was recommending the process presented in the memo from Kopelman and Paige. Mr. Mahony stated that it is not; he feels the easiest way is to ask the property owners for the required easements. He stated that the drainage and sewerage issues are taken care of and there is no responsibility to the developer. Paula Brouillette asked what the cost will be to the Town. Mr. Mahony stated there is only a cost if they do the condemnation which he feels would take Town Meeting authorization. Paula Brouillette asked if there are any other issues like this in Town. Ken Mahony said yes and thinks Rich Preston would know better. Town Engineer Bill Cundiff stated that Shady Knoll has some of the same issues; also it’s the same developer. Rich Preston feels that the property owners of Springmeadow should be notified of the facts. And then asked what the difference is between easement vs. ownership. Bill Cundiff stated that Town Counsel suggested taking the easement. Rich Preston made a motion to authorize Ken Mahony to notify the seven property owners of the Springmeadow Subdivision of the facts and then ask that they sign over their easements. Paula Brouillette seconded the motion. All – aye.

7. Town Use – Douglas Police:
In the agenda packet is an application for use of Town Property, from the Douglas Police Department, and a copy of the Policy for Use of Town Property, signed on February 4, 2003. Rich Preston made a motion to approve the application for use of Town Property, for the Douglas Police Department to use the Resource Room, each Saturday morning 9 am to 12 noon, March 1st to March 29th, for R.A.D. Training Classes. Paula Brouillette seconded the motion. All – aye.

8. Building – Rich Preston:
Rich Preston handed out a memo to the Board, dated February 18, 2003, re: Use Study of Town Buildings. He is requesting: • A serious study be made of current and future space needs of all departments, using either internal resources or external consultants, • That the existing inventory of municipal buildings and spaces be utilized for town government needs first, before committing them to private use, and • That the board take upon itself the task of an immediate assessment of town spaces that may provide relief to departmental space needs, e.g. Old Police Station used as storage, Old Elementary School studied as a possible site of a future town hall, etc. Paula Brouillette stated she thinks it’s an excellent idea and stated that a Municipal Review was a Capital Improvement goal this year. Rich Preston suggested handing this over to Ken Mahony to find the best way to assess how to use the Municipal Buildings with funds we have. Ken Mahony stated that he will look at it in the next couple of days. Rich Preston suggested looking at everything that is non-school. Paula Brouillette stated that this is an opportunity, we don’t have the money, but we have the time to plan. Rich Preston asked Ken Mahony to review and come back with a recommendation on space needs for the next Selectmen’s meeting. Ken Mahony stated that he could not have the information for the next meeting, but would have it for the second meeting in March. Rich Preston stated that he just wants a plan of action, asses current and future space needs. There was a consensus of the Board to have Ken Mahony asses Municipal Building Uses and possible funding, then report back to the Board at their second meeting in March. Rich Preston then asked Mr. Mahony to look into using the second floor of the Old Town Hall for storage. Ken Mahony had stated that he had agreed to use the second floor as storage, but he wanted to wait until spring to clean the rooms. Rich Preston asked why wait. Mr. Mahony stated he wanted to do the cleaning along with the asbestos removal which can’t be done until the heat is turned off. Rich Preston stated that cleaning can be done now. There was a consensus of the Board to have Ken Mahony explore the space use at the Old Town Hall and report back to them at their next meeting.

9. Minutes – February 4, 2003:
Rich Preston made a motion to approve the minutes of February 4, 2003 as amended. Paula Brouillette seconded the motion. All – aye.

10. Administrators Report:
Ken Mahony had no report.

11. Old / New Business:
OLD:
• Dunkin Donuts:
Paula Brouillette stated that the “No Parking” signs are now up at the Dunkin Donuts.
• Library Trustees: Shirley Mosczynski stated that she has seen applications for the vacant Library Trustee position. She asked if the Library Trustee’s have notified the Selectmen’s Office with their recommendation. Suzanne Kane explained that all applications have been forwarded to the Library Director Ann Carlsson and the Library Trustee’s but we have not heard anything back. Ken Mahony will call the Trustee’s.
• Housing Authority: Ken Mahony stated that he would like to appoint someone to the Housing Authority. He will put it on the next agenda.
• Rt. 16: Paula Brouillette asked is Ken Mahony has an update on the Rt. 16 project. Ken Mahony reported that he and Town Engineer Bill Cundiff are working on easements. There is a Public Hearing scheduled with the Engineers and Mass Highway in March. Mr. Mahony explained that there are a couple of design problems where Main goes into Davis; they want to take a wall out, rebuild the wall and drop the road about 9 feet. Mr. Mahony doesn’t feel that is necessary. Paula Brouillette asked if the other part will be finished this spring and was told yes.

NEW:
• Budget:
Paula Brouillette stated that she feels the Board should start discussing the Budget; how to deal with the deficit. She would like an update, to know what rainy day funds are available; how will they be used, etc. Ken Mahony reported that he has the School Budget and he will distribute it tomorrow. The big overage is on the School side. The School Committee only got the budget on Wednesday and still needs to discuss it. Shirley Mosczynski asked Ken Mahony to find out when their next meeting is and will they be discussing the budget. Ken Mahony stated we may have to go into FY04 with an unbalanced budget, stating it’s cash management and he’s good at it. He said it may be the 26th before they get anything from the State. Shirley Mosczynski asked the Board if they thought it would be helpful for Mr. Mahony to put together 3 or 4 scenario’s showing what the Town will do. There was a consensus of the Board to have Mr. Mahony put together 3 or 4 scenario’s to present to the Board. Ken Mahony stated he can do it, but he would like to wait until after the School comes up with their budget. Shirley Mosczynski asked if our free cash is certified. Mr. Mahony answered, “NO”.

12. Adjournment:
Rich Preston made a motion to adjourn at 8:50 pm. Paula Brouillette seconded the motion. All – aye.

Respectfully submitted,



Suzanne Kane
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