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Feinberg: Miseries over Mt. Misery
By Neil Feinberg
Thursday, May 5, 2005

What is Mt. Misery? Is it simply 200-plus acres of conservation land? Is it a nature reserve? A giant dog-walking park? And what is its true state? Is it, as some claimed, horribly overused, with its pond edges denuded? Or, as many others testified, is it barely used except for weekends?
     These are some of the broader questions left unresolved or barely mentioned, at last Wednesday's Conservation Commission hearing. Unfortunately, the dog poop issue headed the commission's agenda and that clearly fascinating topic alone consumed more than half of the three-hour meeting.
     Should it all be picked up, or just the stuff that actually lands on the trails? After all, picking it up might require trampling some itsy-bitsy microscopic plant life (which seem to enjoy more rights than dogs). And should the town supply doggie mitts and collection barrels? Or should people be expected to carry their own baggies and leave with the waste material in their late-model vehicles? Perhaps Roger Bergen spoke best for everyone when he said how glad he was not to be serving on the commission anymore.
     About 150 area residents, including a fair share of Lincolnites, overflowed the Hartwell multi-purpose room to reconsider the commission's recent draconian doggie regulations. In a most non-"Lincoln Way" manner, the commission had previously declared, without prior notice or discussion, that dog leashes and poop pick-up would be required at Mt. Misery.
     The fear that discussion of these regulations might dominate Town Meeting and the uncertainty of the outcome of a vote on the issue forced commission Chairman Mary Lincoln to rescind their implementation and to hold this meeting. But that wasn't altering her point of view. Lincoln vigorously defended the commission's "authority and responsibility for regulating town conservation land" and reminded everyone that they "were not creating a playground for dogs."
     In her opinion, not fully shared by her fellow commission members, all dogs should be leashed, all poop should be picked up - no matter where it may fall - and dog-walkers should supply the bags and cart the stuff away in their cars. She opposes town-supplied barrels or bags; she has "a reluctance to signs," and doesn't think dogs should be allowed to swim anywhere.
     The Mt. Misery dog-walking community has mobilized in opposition to these stern rules. Two Web sites (www.mtmisery.org and www.friendsofmtmisery.org) have been created and e-mails have flown back and forth. In an effort to challenge some of the commission's arguments in support of the new regulations, Mt. Misery's history has been researched, the commission's authority studied, its past meeting minutes scrutinized and the town's general bylaws dissected. Independent parking counts of the Mt. Misery parking lots and pond water samples are probably being taken at this moment.
     No final decisions were reached and the meeting was continued until May 18. However, in the end, a few things became clear. One is that everyone has an opinion about dog poop and few have any problems expressing it. That portion of the discussion alone could have gone on for a few hours more.
     The other notable thing is that while people came to the meeting with their positions regarding leashes and poops, most had a desire to reach a workable solution. Most, including the majority of commissioners, wanted to find a compromise that would work.
     Finally, it was clear that such a solution is one that will require the least enforcement. The commission lacks the budget and staff to truly enforce their new regulations beyond a couple of hours a week. New rules will work only if the local dog-walking community - the regulars - buy into them. For instance, a complete leash requirement is both unenforceable and unnecessary. A ban during certain peak weekend hours, on the other hand, could help control the crowd.
     Forcing dog-walkers to pick up all poopies and cart them away is both unenforceable and unrealistic. Providing mitts and barrels will encourage dog-walkers to comply. Many in the crowd pointed out that there will always be a small minority who won't obey the rules and can't control their dogs. By enrolling the regulars in the solution, rather than imposing regulations nobody obeys, the commission can create a posse of enforcers.
     After all, nothing works better than peer pressure.
      Neil Feinberg is a Lincoln resident and a regular columnist for the Lincoln Journal.
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