BOS - Januray 18, 2000

BOS - Januray 18, 2000

Postby Suzanne Kane » Wed Nov 19, 2008 10:55 am

Board of Selectmen
Meeting Minutes – January 18, 2000


1. Call to Order

The meeting was called to order at 7:10 PM.

In attendance – Betty Therrien, Rob Guiou, Tom Navaroli, Mark Bloomfield and Norm MacNeill. Also present Chief Foley and many townspeople

2.Zambarano Update

There is no more information than what has been provided by the citizen action group to the Board. Chairperson Therrien spoke with Lt. Governor Jane Swift about the project. Ms. Swift relayed that she would talk to Governor Cellucci and ask him to make appropriate contact with Governor Almond of Rhode Island.

Mary Jo Hanner and Linda Hester of the Douglas Citizen Action Committee (DCAC)
Thanked the Board for their time and effort put into this situation. DCAC requested that the Board send a letter to Fogerty and Rabideau for all of their help and to request if any changes occur in the situation that the Board and members of DCAC be contacted.

DCAC also asked the Board about he nine questions they submitted for the Board to take to the Burrillville public meeting. Mark Bloomfield received answers to 32 other questions answered by the Rhode Island DCYF, but the Board did not ask the nine questions because the meeting did not happen. The Board will work to get the answers to the nine questions. DCAC then asked if the Board had been in contact with Burrillville officials since the last meeting. The Board has not been in contact, but plans to keep in touch as warranted. The Board also plans to keep in touch with Governor Cellucci’s office.

DCAC expressed concerns regarding the inconsistencies of the Board to the townspeople and Burrillville officials. Specifically, the Board signed a resolution against the project and then Selectman Bloomfield was quoted that the town was overreacting, but then requested the 32 questions and answers from DCYF. DCAC requested that the Board appoint Chair Betty Therrien as spokesperson for the Board on this issue.

Tom Navaroli made a motion, seconded by Rob Guiou, that Chair Betty Therrien will be the spokesperson for the Board and deliver any information to the media about the Zambarano issue. Vote Tom Navaroli, Rob Guiou, and Betty Therrien Aye; Mark Bloomfield abstains. Motion passes.


3. Class II License Renewals

This is a continuation from the January 4th Board of Selectmen meeting. S&R Repair Service came before the Board to request renewal of their Class II license. The Board believes that S&R’s establishment has been cleaned up and all conditions are being met.

The Board also discussed changing the conditions on the license in the following manner:

1) Will read “Limit of twenty (20) vehicles for re-sale on premises at any one time. Vehicles may be shown in the front of the licensed area, set back ten (10) feet in an orderly fashion. Repair or damaged vehicles shall be set back out of view of Glenn Street.

3) No more than six (6) tractor-trailer trucks, belonging to license holder, may be parked overnight.

And add in after B.:
1. Emergency vehicles emergency vehicles are exempt from B including plowing, sanding, and towing vehicles.

Mark Bloomfield made a motion, seconded by Tom Navaroli to approve the Class II license renewal as amended for S&R Repair Services. Vote Mark Bloomfield, Tom Navaroli aye; Rob Guiou abstains.

Mark Bloomfield made a motion to pass over Jack’s Repair Service Class II renewal. Withdrawn.

The Board decided to set up time on Saturday morning to review Jack’s Repair Service between Saturday morning at 8AM or 1PM. Withdrawn.

Mark Bloomfield made a motion, seconded by Tom Navaroli, to pull Jack’s Repair Service Class II license as being in violation of the law and if necessary an order to cease and desist will be issued by the Building Commissioner. Vote Unanimous.

4. New Class II License - John Kessler

John Kessler requested a Class II license primarily so that he can have an office in Douglas and use dealer plates to get into auctions. All vehicles and/or parts will be stored off site. There will also be no extra vehicular traffic involved.

Conditions: Office will be at 25 NW Main Street, Douglas, MA. Cars will be wholesaled at auctions (Mass. Auto Auction) Oxford, MA. Any repairs will be done by Speedy Auto Service. Cars will be stored at the auction premises and will not be sold to the public.

Mark Bloomfield made a motion, seconded by Rob Guiou, to approve a class II license for John Kessler with conditions that are outlined in the application (and above). Vote Unanimous.

5. Dog Hearing – Public Nuisance & Kennel License – John Niejadlik, 44 Riedell Road

Dog Officers Jay and Maura O’Connor were sworn in. The O’Connor’s bring before the Board a recommendation for banishment of two dogs owned by John Niejadlik,44 Riedell Road, Douglas, MA. On January 4, 2000 the two dogs in question were caught by a neighbor attacking and destroying livestock and foul on the Biagioni property; a goat and rabbit were also attacked. The two dogs are currently being kept in a kennel by the O’Connor’s until a decision is made. The Biagioni’s have incurred a lot of veterinarian bills because of this incident. The Biagioni’s have kept their animals well contained in adequate fending and caging, but the two dogs were able to break through those protections to get to the animals. The dog officers have documents that these dogs have a history of attacking foul. Mr. Niejadlik has been fined on several occasions and have had the dogs restrained and put in an outside kennel before.

The O’Connor’s recommend banishment of these two dogs and have contacted an organization called Labrador Retriever Rescue that has evaluated the dogs already and accepted them into the program. Most likely the dogs will be placed out of state if placed in this program. The O’Connor’s also recommend revocation of Mr. Niejadlik kennel license due to the fact that the dog officers have received 22 calls in the last two years about barking dogs, loose dogs, and other nuisance complaints.

There has been several expenses incurred by the Biagioni’s including vet bills, property damage, and eventual replacement of these animals.

Joseph and Susan Biagioni, 5 Johnson Court, were sworn in. Neither of the Biagionis witnessed the attack, but the neighbor did and stopped it halfway through the killing of the goat. They stated that their animals were very friendly and they had no way to protect them from this attack because they did all they could with proper fencing. The attack was very vicious and the animals were found in pieces.

The Board asked where the dogs are in proximity to their land. The property is 1/4 mile from the dogs.

Todd and Mary Jane Moyer, the neighbors who witnessed the attack, were sworn in.
Mr. Moyer witnessed the dogs attacking animals attacking the animals. He managed to get the dogs away from the animals and went to call 911 to get the police. When he came back, the dogs were attacking the hutch again. He managed to get the dogs away again and went to look at the animals. The police showed up and caught the dogs.

Chief Patrick Foley had nothing to add to this testimony.

Betty Therrien asked if the kennel was capped after the order to cap was put in place. Jay O’Connor said he cannot see it being done because the dogs got out. All fines have been paid. Restitution has not been paid.

Mr. John Niejadlik, 44 Riedell, was sworn in. Mr. Niejadlik feels he should be speaking to an attorney and is not admitting anything. He looked at the pictures of the animals and property damage and heard stories from three different people. He feels this should continue with further involvement with outside parties. He spoke with his lawyer last week and feels he is not qualified to respond to the statements that have been made against him.

Betty Therrien asked whether he believed that there had been 22 calls to his residence. He did. She then asked when the cap was placed on the kennel. He responded it had been on there right along. She then asked if it had been since the kennel was built in 1993. Mr. Niejadlik responded that it had been over the immediate kennel. She then asked how did the dogs get out and he responded through the chain link fence.

The Board then inquired if the building and the runs were covered. Jay O’Connor testified that there is supposed to be a 2-foot overhang to prevent escape.

Mr. Niejadlik does not think his license should be revoked. He feels there has only been verbal expressions of what a kennel should be. Every times something does happen the dog officer tells him to do something, but nothing is in writing. He then testified that if something movers, then the dog will chase it. Again, he brought up the subject of wanting an attorney to be present.

Jay O’Connor further testified that Mr. Niejadlik has been seeking other options. Mr. Niejadlik has even call the Labrador Retriever Rescue himself to have them placed and he knows that this has been coming. Jay believed the screening process Rescue uses is good and the separation of the dogs will be helpful. Jay can take care of it tonight if Mr. Niejadlik will surrender the dogs and sign the paperwork tonight.

A time limit on the collection of monies by the Biagionis from Mr. Niejadlik will be 30 days.

Mark Bloomfield made a motion, seconded by Rob Guiou, to adjourn the fact finding public hearing. Vote Unanimous.

Mark Bloomfield made a motion, seconded by Rob Guiou, that findings were that the two dogs owned by John Niejadlik, 44 Reidell Rd, Douglas, MA, referred to as peaches and katie, on or about January 4, 2000 did enter the property of Joseph and Susan Biagioni, 5 Johnson Court, Douglas, MA, and destroy four geese, one chicken, and caused such damage to one goat and a rabbit that the goat needed to be euthanized and a decision on the rabbit would take place tomorrow. Vote Unanimous.

Mark Bloomfield made a motion, seconded by Rob Guiou, that the two dogs, known as peaches and katie, owned by John Niejadlik, 44 Reidell Rd, Douglas, MA, be banished from the Town of Douglas as of today, January 18, 2000, and to revoke Mr. Niejadlik’s kennel license and to order restitution of $753.89, and any other future charges incurred by the injuries to the rabbit, be paid within 30 days to Joseph and Susan Biagioni of 5 Johnson Court, Douglas, MA. Vote Unanimous.

6. Executive Session – Land Acquisition

Betty Therrien made a motion, seconded by Rob Guiou, to leave regular session at 8:10PM and go into Executive Session for the purpose of property negotiation and then reconvene into open session. Roll Call Mark Bloomfield aye, Rob Guiou aye, Tom Navaroli aye, and Betty Therrien aye.

At 8:31 PM Mark Bloomfield made a motion, seconded by Tom Navaroli, to leave Executive Session and reconvene into regular session. Roll Call: Mark Bloomfield aye, Rob Guiou aye, Tom Navaroli aye, and Betty Therrien aye.


7. Presentation of Old Elementary School Renovation Proposal

Pat Halm of the architectural firm of SMMA presented the results of a of study commissioned by STM that began in December. A report was given the Board of Selectmen on Friday with cost estimates in it. Pat Halm will provide timeline if this project is considered. This and the next item regarding modular classrooms will be discussed at the STM tomorrow evening.

Important considerations that need to be looked at if considering this project: there is a need to deal with plastering issues, building code issues for both school and offices. An overview of the report is that SMMA was tasked to see if the building can be used for a temporary school or commercial offices. Issues that were identified were accessibility, lack of elevator, and restrooms. An extension would be suggested to house the elevator and stairwell. The basement can be used for students to eat (2 sittings) and other necessary mechanical things. Other areas in the basement can be used as a meeting room or an office building if it is converted later. The school could add offices in the basement for administration. An addition of an office near the elevator would take care of security at front door.

Estimate Costs:
1,822,742 Construction
176,000 Furnishings
272,500 Design
83,500 Misc.
109,365 Contingency
2,464,107 Total

The Board asked what kind of commercial options would there be after the school is done with the building. SMMA response was any kind of small office suite: medical, real estate, legal, etc. SMMA without any doubt believes the space would be commercially viable afterwards. Plus, the building would keep with the character of the town.
The timetable would be to move in February 5, 2001.

8. Discussion of Modular Classroom Proposal – Larry Jeznach

Larry Jeznach, school committee chair, discussed the options for the modular classrooms.

To lease 8 modulars:

3 year lease 761,000
60 month lease 930,000
Site prep 221,000
Furnishings?

To purchase 8 modulars:
Purchase 905,960
Construction 716,500
Sewage 52,600
Electrical 54,500
Contingency
Resale 30%-50% $716,000
Furnishings? 176-200,000

Needs for 9/1/2000 and would get through until 2003. It appears to make more sense to buy the portables than to lease them for 5 years because it would cost less in the end. The Town would need to go through the procurement process for the modulars.

Ann Brunson suggested that the Town should purchase or lease 2 modulars and renovate the elementary. That would take care of next September.

After further discussion, the Board decided to look at just renovating the old elementary school as the option to be presented to town meeting.

10. Joint Appointment to the School Committee

David B. King has applied to fill the slot left by Don Konapacki.

Larry Jeznach asked why Mr. King put in an application. He wants to try to get involved in the governmental process and has attended meetings for the past 4 years. He sees serious issues facing the school committee and he has three small children. Larry asked if he would be able to make multiple meetings. Mr. King responded affirmatively. Betty Therrien asked what he thought the most important issue the school committee was facing. Mr. King sees it as a space issue. Mark Bloomfield offered that he knew Mr. King on a professional level and feels he is a good candidate.

Mark Bloomfield made a motion, seconded by Rob Guiou, to appoint David King to the School Committee for a term ending June 30, 2000. Vote unanimous.

The school committee also made a motion and vote unanimously to appoint David King to the School Committee.


9. Motions for the January 19th STM

Rob Guiou made a motion, seconded by Mark Bloomfield to accept Article 1 as written. Vote Unanimous.

Rob Guiou made a motion, seconded by Tom Navaroli to accept Article 2 as written. Vote Unanimous.

Mark Bloomfield made a motion, seconded by Rob Guiou, to accept Article 3 with the inclusion of the amount of $2,464,107 plus other incidental costs for the renovation of the old elementary school. Vote Unanimous.

11. Douglas Common Electrical Bills

The Douglas Common committee has asked the Board to take over payment of electrical bills on the common that equals approximately $350.00 a year.

Mark Bloomfield made a motion, seconded by Rob Guiou to absorb the cost of the electrical bills for the common into the streetlighting costs. Vote Unanimous.

12. Laurel Heights

A request from RH White for the Board of Selectmen to approve off site work on an intersection near Laurel Heights has been received. It has been reviewed by the Planning Board, Chief Foley, Buff Therrien, and CME. Rob Guiou asked if the Town can establish a bond. CME just needs to set the bond amount.

Rob Guiou made a motion, seconded by Tom Navaroli, to approve the request with a bond contingent upon CME, Vote Unanimous. The Board agrees that CME will determine level and the Town may proceed on the bond without coming back the Board. Vote Unanimous.

13. Management Study

This item was passed over.

14. Multi-Year Financial Plan Workshop Report

Discussion around format of workshop has been discussed and suggested as the 3rd week in February from 6PM to 8PM with pizza. Speakers are being identified.

15. New Business

Mark Bloomfield made a motion, seconded by Rob Guiou, to change Cate’s Axe Mill Tavern liquor license hours to begin at 11:30, reflecting her hours of operation. Vote Unanimous. The Board has agreed to change Cate’s copy and initial it, our copy will be changed as well.

A Tuesday, January 25, 2000 workshop will be set up to discuss MGL 43C issues for 7PM in the Municipal Center.

There was an issue about signs being place on trees. The Tree Warden says residents are not allowed to nail into trees. Mitch Cohen, school committee member, will call PRIDE/PROUD about the signs because there should be no signs on Town property.

16. Adjournment

At 9:50PM, Mark Bloomfield made a motion, seconded by Rob Guiou, to adjourn. Vote Unanimous.


Respectfully Submitted,


Angela L. Ernenwein
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Suzanne Kane
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