BOS - July 6, 2004

BOS - July 6, 2004

Postby Suzanne Kane » Thu Nov 06, 2008 11:28 am

Board of Selectmen
Meeting Minutes
July 6, 2004
Approved August 17, 2004

1. Call to order:

Madame Chairman Shirley Mosczynski called the meeting to order at 6:04 pm in the Selectmen’s Office. In attendance: Paula Brouillette, Rich Preston, Edward Therrien, David Furno, Executive Administrator Michael Guzinski, and Administrative Assistant Suzanne Kane.

Other staff and citizens in attendance: Dog Control Officer Jay O’Conner, Police Chief Patrick Foley, Town Engineer William Cundiff, Planning Board member Scott Medeiros, Sean Conner, and Tribune Reporter Tom Mattson.

2. Workshop – Jay O’Connor, Dog Officer:
In the agenda packet is a copy of “Model Dangerous Dog Legislation”, revised May 2004; a “Sample Local Dangerous Dog Laws”; copy of Article 7: Animal Control Bylaws; and supplied at meeting an “Animal Sheltering – A Special Issue Devoted to Field Personnel” magazine.
• Martin Road: Shirley Mosczynski stated she had received the information supplied in the agenda from Peter Oberton from the MSPCA. He referred her to the Vermont Regional Office for policies and procedures in reference to dangerous dogs. She assured Jay O’Conner that she was not trying to take his job away, just help make it easier. Michael Guzinski stated that in response to the Board of Selectmen’s last meeting and the concern of two dogs he contacted Town Counsel. Town Counsel stated that upon a written report from the Dog Officer, the Board of Selectmen could take action on nothing more then the word of the complainants. Michael Guzinski went over the procedure for holding a public hearing and told the Board they should be confident in their actions. Jay O’Conner stated that he followed through with Vicki Gagne of 14 Martin Road. When he had inspected the kennel it did not have a bottom rail and the dogs were able to get out. He requested Ms. Gagne put on some sort of barrier to the bottom of the fence. Jay O’Conner reported that she has done that. When he inspected the kennel the dogs were in it and they did jump on the fence and bark. He stated his dogs would have done the same. Jay O’Conner spoke with the neighbors. One is moving out, the other stated the problem is not the dogs but the owner. Jay O’Conner stated he feels the neighbors have formed a ‘clique’ and have singled Ms. Gagne out. They use the dogs against her. He thinks the problem is hopefully being resolved with some of the neighbors leaving. Jay O’Conner stated he does not feel the dogs are dangerous; he has been in Ms. Gagne’s home and the dogs have been impounded at his facility. They were never a problem; they showed no danger. Jay O’Conner stated that Ms. Gagne has also done some irresponsible things like tying the dogs to the bumper of her truck. He feels is seems to be more of a personal issue rather than a dog issue. Rich Preston asked if there were any biting incidents with these dogs. Jay O’Conner stated no; there is an alleged bite which took place several years ago. The person did not report the bite so there is no proof. He feels it is just hear say. Rich Preston stated the neighbors that were at the Selectmen’s meeting seemed legitimately aggrieved. He asked if it gets to the point that Ms. Gagne uses the dogs to intimidate her neighbors, where do they draw the line. Jay O’Conner asked Police Chief Foley if that would be considered harassment to which Chief Foley stated yes. Jay O’Conner stated there is nothing in the Bylaws that state she can’t do that. Jay O’Conner stated he did speak to her and told her that tying her dogs to the bumper was not a good idea. Jay O’Conner continued by saying Ms. Gagne did that late into this; after a neighbor swerved his car at her. This same neighbor has been video taping her; the dogs are stuck in the middle. Both the Police and Jay O’Conner have been dealing with this issue. Jay O’Conner stated the parties involved have been ringing his phone off the hook. He can not satisfy them because the dogs have not broken the law. Rich Preston asked if Jay O’Conner feels these dogs do not pose an immanent danger to the neighbors to which Jay O’Conner answered no. Shirley Mosczynski stated her concern is with the letter from the neighbor who couldn’t walk to her home because of the dogs. Jay O’Conner stated the incident was never reported to him. Shirley Mosczynski concurred saying the Board never heard about any problems until the residents came to their meeting. Jay O’Conner stated that other then ordering Vicki Gagne to restrain her dogs; he does not know what else he can do. Shirley Mosczynski asked if Ms. Gagne takes her dogs to the kennel on a leash. Jay O’Conner stated that Ms. Gagne has indicated that she just walks them and on occasion the dogs run to the neighbor’s yard; these are duplex’s close together, they don’t have far to go to be in the neighbors yard. Shirley Mosczynski asked what Jay O’Conner deems a dangerous dog; she would hate to have someone bitten before they call them dangerous dogs. Jay O’Conner stated he is all for a Dangerous Dog Law but would hate it to be breed specific. Shirley Mosczynski referred to a dog incident involving an invisible fence and Akita dogs. Jay O’Conner remembers the case; there were two dogs, a male and a female. Last year the male went through the invisible fence and killed another dog, the female did not cross the fence. He stated the male is a dangerous dog and asked if they would include the female. Shirley Mosczynski stated someone is claiming the female is now lunging at runners. Jay O’Conner stated he has had several conversations with the complainant; he needs to see it happen; every time he is by the property the dog is not out. Jay O’Conner stated the complainant may be feeling fear from the actions of the previous dog. He stated the owner is very uncooperative and will not put up a kennel. The owner stated he will have his dog euthanize first. Jay O’Conner stated he has looked at the “Model Dangerous Dog Legislation” and is all for reviewing it and getting the Bylaw changed; it will make his job easier. Jay O’Conner stated he tries to resolve as many issues as he can out in the field; he tries not to bring them to the Selectmen. He stated he is all for a Dangerous Dog Law, and reiterated he doesn’t feel it needs to be breed specific. Rich Preston recommended Jay O’Conner look at the material provided and report back to the Board. Paula Brouillette stated there are more residents in Douglas now; they want to give Jay O’Conner and Chief Foley more authority to deal with issues. Jay O’Conner stated there are more dogs in Town that could be classified as dangerous dogs; more so then the two Rottweilers on Martin Road. A Dangerous Dog Law would give them more control and allow more restrictions. Jay O’Conner stated the other side is the public has a responsibility to report incidents immediately. He stated he will look at the material and then maybe they could have another Workshop.
• Oliveira: Michael Guzinski stated there was one other issue he would like to go over; that of Mr. John Oliveira of 6 Wilson Street, Bristol, RI. Michael Guzinski stated he has spoken to Town Counsel. According to Massachusetts General Law Chapter 140, §157 - Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs, the owner has 4 days to appeal the Board of Selectmen’s decision. Town Counsel suggested a letter from the Board of Selectmen and/or Michael Guzinski sent to Mr. Oliveira and his Attorney stating the dog would be seized; it is a drain on the budget and they have to pick and choose their battles. Jay O’Conner stated this is currently the worse dog in Town. Michael Guzinski stated he is concerned for the safety of any kid walking on that street. Mr. Oliveira has no respect for law enforcement officials or governmental officials. Chief Foley stated his feeling is Mr. Oliveira will fight all the way. Rich Preston asked if they can have Town Counsel draft a letter to have the dog removed. He also asked about having the dogs license revoked. Jay O’Conner reminded the Board that they would also have to hold the dog through all appeals which will be costly. He stated he can not hold the dog in his facility because it is too dangerous. Shirley Mosczynski warned that on Jay O’Conner’s say so it is a dangerous dog; and asked where that leaves them if some one gets hurt. Jay O’Conner stated the dog has never bit anyone, but if you go near it, it will lung and show its teeth. He stated Rhode Island tried to catch it; the dog would run into her house, as they went in after her she would turn show her teeth and lung at them. Rich Preston stated the problem is if the Board does not act on this matter they will be put into a lesser position; he agrees with Michael Guzinski that they need to act now. Michael Guzinski stated the main point is the dog has already been banished; legal counsel said it would take about 2 weeks to get a court order to seize the dog. Paula Brouillette stated they need to find out how to revoke a dog license. Jay O’Conner suggested having a memo sent to the Town Clerk to make sure she checks the owner’s driver’s license to confirm that they are a resident of Douglas. The Board asked Michael Guzinski to do that; he will also call Town Counsel and ask them to call Jay O’Conner to work out the details to seize the dog. Jay O’Conner stated that in the mean time he will try to find a place for the dog to stay. Chief Foley asked if they could give Mr. Oliveira the option of taking the dog out of Douglas. Michael Guzinski stated he is not sure if they have to send a letter telling Mr. Oliveira that they are coming. Jay O’Conner stated the Town Clerk also did not get the vaccination records when she issued the license and did not collect late fees for this dog. He stated they don’t want to deal with irate people. The Board of Selectmen asked Michael Guzinski to talk to the Town Clerk. Rich Preston made a motion to expedite the process of having Mr. John Oliveira’s banned dog seized by Animal Control Officer Jay O’Conner. Paula Brouillette seconded the motion. All – aye. Consensus of the Board to set up another Workshop when Jay O’Conner is ready.
• Insurance issue: In reference to a letter received from one of the Assessors requesting help on Health Insurance; Michael Guzinski stated he contacted Town Counsel. State Law says that Municipalities can not be held liable for incorrect information that goes out. He stated that if he gets the Boards ok he will get State Law verbiage and send a letter out. Consensus of the Board to have Michael Guzinski send a letter with State law verbiage to the Assessor.
• Water / Sewer Project: Michael Guzinski reported that he would be attending a meeting tomorrow at 3 with a representative of the Construction surveyor to resolve the dispute with Mr. Goodwin. Mr. Guzinski also stated there is excess fill from the plant. The material is clean. The School has requested some and the Recreation Commission would also like some at the Martin Road Park. Michael Guzinski stated he checked with Conservation and it is ok.
• Meeting with School: Michael Guzinski stated he will be meeting tomorrow at 7 pm with the School Committee to cover issues from his letter sent a month ago. Town Accountant Rich Mathieu will also be there. Shirley Mosczynski suggested Rich Mathieu have the calendar of the budget for that meeting.
• Adjournment: Rich Preston made a motion to adjourn at 7:00 pm to go into regular session in the Resource Room. Paula Brouillette seconded the motion. All – aye.

Madame Chairman Shirley Mosczynski called the meeting to order at 7:10 pm.

3. Chairman’s Announcements:
• Preserve America: Shirley Mosczynski announced that on June 25th the Town of Sutton hosted the Preserve America Award Designation Event. The Town received recognition, signed by First Lady Laura Bush, for the continued commitment to preserving and using the cultural and natural resources for the benefit and enjoyment of the public. Shirley Mosczynski stated the Town also received a certificate from the State of Rhode Island and Providence Plantations Office of the Lieutenant Governor.

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

5. Liquor License compliance discussion – Chief Foley:
In the agenda is a letter to the Board of Selectmen, from the Slovak Catholic Sokol Club, received June 24, 2004, re: Serving Violation on 6/11/04; and a letter to the Board of Selectmen, from the Blackstone Valley Beagle Club, dated July 5, 2004. Police Chief Patrick Foley reported that the Douglas Police Department conducted stings for the sale of alcohol to minors of all licensed establishments that sell alcohol on June 11, 2004. Four of the establishments were found in violation. Those establishments were the Family Convenience Store, Gregory’s Pizza, The Slovak Sokol Club, and the Blackstone Valley Beagle Club. At each establishment the Officer went back into the business and informed the manager of the violation. Chief Foley also sent letters to the establishments that did not violate the law. Chief Foley left a video, entitled “Stop Underage Drinking” at each establishment. They were all willing to work with the Police Department to provide training for their employees. Chief Foley stated he feels this is a positive approach. Chief Foley noted that two of the clubs sent letters (included in packet) that they will revamp their clubs. Everyone is taking a pro-active approach. Rich Preston stated the Police Department has done a good job on this and the follow up is positive. He thanked the Chief. Shirley Mosczynski asked the Chief if he has any recommendations. Chief Foley stated that since they are the Licensing Board they should send a letter to all of the establishments. Shirley Mosczynski concurred and asked Michael Guzinski to send a letter. Chief Foley asked to be placed on the Selectmen’s July 20th Agenda concerning ‘Signs’. He sat with the Safety Committee and he will come with a memo that the Board will need to vote on. Chief Foley also reported that the speed trailer has been out and there were no major issues over the 4th of July weekend. Chief Foley asked to comment on the Application for Use of Town Property the Selectmen received (handed out before meeting) from the Mass Motorcycle Association to parade their bikes through Douglas to benefit fallen Officer Chet Dzivazen on July 17th. Chief Foley stated the Association asked for a waiver that they do not have to wear helmets. They will be escorted through Town by cruisers. Rich Preston stated he is pleased that Chief Foley sat with the Safety Committee. He stated ‘Signs’ are one part, part two is dangerous intersections – will they be doing that? Chief Foley stated they will. Michael Guzinski stated he is going to call Mass Electric to get rid of double poles, they have been approached with requests for streetlights, etc. – all things they are looking at. Rich Preston stated with regards to speed; Chief Foley had stated it is a function of the State but if someone takes a class they could be an agent. Chief Foley stated he is on a waiting list. He will be contacting the State to come out and look at the Town speeds.

6. RFP Bids – Town Engineer William Cundiff:
William Cundiff came before the Board. He stated the deadline for accepting bids was June 21st. He stated they received one bid for alternative one. The bid was from Orbison Corporation; a complete bid with deposit. William Cundiff stated it is the Selectmen’s decision as to what to do. As William Cundiff sees it there are three alternatives. 1.) The Selectmen can accept the bid; 2.) The Selectmen can reject the bid and re-advertise, or 3.) They can ‘tweak’ or modify the RFP. William Cundiff stated he was disappointed that they could not get more bids. Michael Guzinski stated there are no guarantees. He stated he thinks there could be some benefits to tweaking the RFP and going out to bid again and that is his recommendation. William Cundiff stated he called the consultants and they quoted a price of $12 – 15,000 for preparing documents to look at the lots. He stated so far they have spent $17,000 – well under what they thought they would be spending. Michael Guzinski stated he thinks there is a benefit if they do some of the work ahead of time; it takes the risk away from the developers. Rich Preston asked William Cundiff what his subjective opinion is. William Cundiff stated they were very aggressive with advertising – the only other thing he can think of would be to direct mail the RFP to the developers. He thinks the 5 frontage lots are the better deal. William Cundiff stated he agrees with Michael Guzinski. Rich Preston asked for confirmation – reject the bid, tweak the RFP, do some work ourselves and go back out to bid? William Cundiff concurred. Paula Brouillette stated she feels there is some opportunity at tweaking and agrees with Michael Guzinski and William Cundiff. She feels it will still come under the estimated ‘soft’ costs. Paula Brouillette stated this is their first time out; it’s not unrealistic to have some bumps. William Cundiff stated Scott Medeiros, 64 High Street, was asked to come speak in behalf of the bidder. Scott Medeiros stated he feels this is a good bid the Town has recouped half of the $725,000, more than 50% of the investment back. He feels the Town is becoming a developer. Mr. Medeiros stated he feels the Town received a bid that was reasonable with out septic designs. He does not feel that if the Town designs the septic they will get top dollar. Rich Preston asked Scott Medeiros who he was representing. Scott Medeiros stated he is representing the bidder who is on vacation. Rich Preston stated they have a fiduciary relationship with Town finances – they should make top dollar. He stated he does not feel it unreasonable to go through this process and try to get top dollar. Scott Medeiros stated there is a limit you go to before it costs even more money – he just wants to give the Board something to think about. Sean Conner, 362 Southeast Main Street, came before the Board. He stated he purchased a packet – he feels the limitations are what is keeping the price down. He stated if they are going to keep the restrictions they should keep the bid. Sean Conner stated the common drive was an issue and suggested they consider a cul-de-sac type of drive. He stated he feels that kept people from bidding. The other issue is the set back – not everyone wants their home set back; you like to give people an option. Rich Preston asked William Cundiff that after hearing these comments; is there any way to achieve what they want and still satisfy the developers? William Cundiff stated, ‘No way’. Shirley Mosczynski asked if the proposed Zoning changes will make a difference. William Cundiff stated they may be able to get one or two more lots; he will have to look at it. William Cundiff stated he is willing to have the winning bidder come in and talk to them. The Board concurred to have him come in at their next meeting.

7. Common Victualler Applications – Approve:
In the agenda is a memo to the Board of Selectmen, from Suzanne Kane, dated July 1, 2004, re: Common Vic. License; a letter to all establishments that have not sent an application in, dated June 28, 2004; table of all establishments providing food service; an application for Common Victuallers License from Slovak Catholic Sokol Club, dated May 22, 2004; REAP form for Slovak Catholic Sokol Club; Workers Compensation Certificate for Slovak Catholic Club; Application for Common Victuallers License for Bailey’s Restaurant, dated June 23, 2004; Worker’s Compensation Insurance Affidavit for Bailey’s; REAP form for Bailey’s; Worker’s Compensation Certificate for Bailey’s; letter to Bailey’s, from Jane Burle, dated June 8, 2004; Application for Common Victuallers License for Harry’s Famous Pizza, dated June 22, 2004; REAP form for Harry’s Famous Pizza; Certificate of Insurance for Harry’s Famous Pizza; Workers Compensation Insurance Affidavit for Harry’s Famous Pizza; copy of check for $12.00 from Harry’s Famous Pizza; a letter to Harry’s Famous Pizza, from Jane Burle, dated June 8, 2004; an Application for Common Victuallers License from Gregory’s, dated June 9, 2004; REAP form from Gregory’s; a letter to Gregory’s, from Jane Burle, dated June 8, 2004; Applications for Common Victuallers License from Douglas Schools, dated June 16, 2004; copy of a Common Victuallers License for Slovak Catholic Sokol Club; Bailey’s, Harry’s Famous Pizza, Gregory’s, Douglas Intermediate School, Douglas Elementary School, and the Douglas High School. Suzanne Kane explained that all applications were complete. Paula Brouillette made a motion to approve the Common Victuallers License for Slovak Catholic Sokol Gymnastic Club, Bailey’s Restaurant, Harry’s Famous Pizza, Gregory’s Restaurant, the Douglas Intermediate School, the Douglas Elementary School, and the Douglas High School as presented. Edward Therrien seconded the motion. All – aye.

8. Tree Warden Appointment – extension per MGL:
In the agenda is a copy of MGL Chapter 41, §106 – Tree Warden, Appointment; term. Suzanne Kane explained that according to MGL the Tree Warden’s term should be three years; the Board typically makes the appointment for one year. Paula Brouillette made a motion to extend the term for the Tree Warden to June 30, 2007. David Furno seconded the motion. All – aye.

9. Designation of Procurement Officer:
Michael Guzinski stated that in accordance with MGL Chapter 30B – Uniform Procurement Act; a Procurement Officer must be appointed. Michael Guzinski suggested they appoint him. Paula Brouillette made a motion to appoint Executive Administrator Michael Guzinski as the Town of Douglas’ Procurement Officer. Rich Preston seconded the motion. All – aye. Rich Preston asked if the appointment needs to be made on a regular basis or every time there is a new Administrator. Michael Guzinski stated it can be done with each new Administrator.

10. Administrator’s Report:
• MIIA Rewards Program:
Michael Guzinski reported that in a letter received from MIIA (Massachusetts Interlocal Insurance Association); Douglas will receive $6,692.00 credit towards FY05 premiums. Suzanne Kane thanked all the Departments, Boards and Committees for their participation.

11. Old / New Business:
• Old:
• General Code:
Paula Brouillette reported that General Code has reviewed the By-laws and supplied their recommendations. They need to reply back by July 17th. Her recommendation is they look at all the information provided and respond back as to which path they take then decide as a Board how to go about it. Shirley Mosczynski stated she had a memo to herself to review this information in a workshop on the 13th and invite Town Clerk Christine Furno. Then if they do want to make some changes, set up a separate Committee. Michael Guzinski agrees with Shirley Mosczynski. Rich Preston stated he feels an initial workshop is in order; then decide if a Committee is appropriate. Consensus of the Board to set up a Workshop to review the recommendations from General Code on July 15th at 7:00 pm. Rich Preston stated he would also look forward to workshops on adaptive reuse of Town buildings. Shirley Mosczynski asked him to wait until September.

• New:
Paula Brouillette reported that CMRPC will be a meeting next week on TIP Programs (Transportation Improvement Program) which she will attend. She stated they have a list of items which are currently scheduled. She would like to know the process of getting projects on this list through Michael Guzinski. Michael Guzinski agrees stating Town Engineer William Cundiff is on line making recommendations.
• Application for Town Use – Douglas High Golf Team: Handed out at the meeting is an Application for Use of Town Property from the Douglas High School Golf Team for a Car Wash at the Fire Station, July 10th. Suzanne Kane explained that Chief Gonynor was contacted and he is ok with this application. Paula Brouillette made a motion to approve the Application for Town Use for the Douglas High Golf Team as presented. Rich Preston seconded the motion. All – aye.
• Application for Town Use – Mass Motorcycle Association: Handed out at the meeting is an Application for Town Use for the Mass Motorcycle Association to parade their bikes through Douglas to benefit fallen Officer Chet Dzivazen on July 17th . Edward Therrien made a motion to approve the Application for Town Use by the Mass Motorcycle Association to ride their bikes through Douglas on July 17th without helmets. David Furno seconded the motion. All – aye.

12. Adjournment:
Edward Therrien made a motion to adjourn at 8:15 pm. David Furno seconded the motion. All – aye.

Respectfully submitted;

Suzanne Kane
Administrative Assistant
Suzanne Kane
Posts: 618
Joined: Wed May 25, 2005 2:01 pm

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