BOS - November 28, 2000

BOS - November 28, 2000

Postby Suzanne Kane » Wed Nov 19, 2008 11:21 am

BOARD OF SELECTMEN MEETING
Resource Room
Tuesday, November 28, 2000 at 7:00pm




1. Call to Order
2. Chairman’s Announcements
3. Tax Classification Public Hearing
4. Joint Meeting with School Committee and Finance Committee on FY02 Budget
5. Police Grant Public Hearing – Lt. Glenn Gilbert
6. Public Hearing – Failure to License, Vaccinate, Provide Sufficient Care, and Reclaim Impounded Dog – 85 Hemlock Street
7. Need to Create Second Precinct
8. Appointments
• Tom Navaroli, Shirley Mosczynski, Rich Preston, and Ron Forget – Cable Advisory Committee
9. New Business
10. Adjournment
________________________________________________________________________________________
Upcoming Meetings

• December 5 – Workshop

Tax Classification Public Hearing

Each year the Board of Assessors comes before your Board during a public hearing to determine the percentage of local tax levy to be borne by each class of property for FY2001. You will receive materials at your meeting from the Assessors.

Joint Meeting of the Selectmen, School Committee and Finance Committee

This meeting has been scheduled to review and reach consensus on FY02 revenue and spending budget assumptions to be used in developing departmental budgets. The proposed budget instructions, which would include such assumptions, will be presented on November 28th. The instructions are being prepared by the Executive Administrator and presented to both the staff finance team and the Finance Committee at meetings scheduled for November 27th.

Salary and wage assumptions were discussed with the Personnel Board on November 20th and the recommendation of that board is attached.

Also attached is a draft budget schedule to be presented to the Finance Committee on November 27th and a copy of FY02 Capital budget instructions already released.

I have scheduled a staff meeting for December 6th to provide staff with the FY02 budget schedule and assumptions.

Police Grant Public Hearing

As a condition of the police grant that is included in your package, Lt. Gilbert must hold a public hearing with your Board.

Public Hearing – Failure to License, Vaccinate, Provide Sufficient Care, and Reclaim Impounded Dog – 85 Hemlock Street

Attached is a letter sent on 11/3 to a Bristol, R.I. resident who has maintained two dogs on chains at 85 Hemlock Street where he maintains a lot on which are stored an assortment of items including an unoccupied trailer and what appear to be large oil drums. One of the dogs broke free and has been impounded. The other dog reportedly remains on premises. Also attached is the Dog Officer’s log as well as a complaint filed with the Douglas Police Department.


Need to Create Second Precinct

This item comes from the Elections Division at the state level. Once a town’s population exceeds 6,200, the town must re-precinct per MGL Ch. 54. Under this MGL, the Board of Selectmen are responsible for “setting forth an official description of the precincts so established, together with a statement of the number of inhabitants residing in each precinct as nearly as such number may be determined.” The Board is also responsible for creating an official map of the precincts which, once adopted by the Board, is transmitted to the state. Our population as of August 17, 2000 is 7,282.

Appointments

Tom Navaroli, Shirley Mosczynski, Rich Preston, and Ron Forget – Cable Advisory Committee
______________________________________________________________________________
______________________________________________________________________________
BOARD OF SELECTMEN MEETING MINUTES
TUESDAY, NOVEMBER 28, 2000


1. Call to Order

The meeting was called to order at 7:06PM. In attendance: Tom Navaroli, Ron Forget, Rich Preston, and Shirley Mosczynski. Also in attendance: Pam Holmes, Dan Cooney, Ida Ouillette, Beth MacKay, Kevin Doyle, Mitch Cohen, Don Jacobs, Lt. Glenn Gilbert, Chief Patrick Foley, and Jay O’Connor.

2. Chairman’s Announcement

No announcements at this time.

3. Tax Classification Public Hearing

The Public Hearing was opened at 7:08PM. Kevin Doyle, Ida Ouillette, and Beth MacKay came before the Board to meet the statutory requirement of disclosing adequate information for the Board of Selectmen to make a decision regarding the tax rate for FY01. Kevin Doyle explained the difference between single and split rates; Douglas currently has a single tax rate. Kevin Doyle discussed several factors that went into the Board of Assessors recommendations as well as alternative scenarios based on split tax rates. The Board of Assessors recommended that the Board of Selectmen continue to use a single tax rate because the Town would like to broaden its tax base and a shift to a higher rate for commercial businesses would not aid in this. The single tax rate would be $15.56 per thousand.

Ron Forget made a motion, seconded by Shirley Mosczynski, to accept the recommendation of the Board of Assessors to have a single tax rate of $15.56. Amended: to accept the Board of Assessors recommendation to have a single rate with a factor of 1 for FY01. Withdrawn.

There are four questions that need to be answered in order for the recommended tax rate to go to the Department of Revenue. The Board of Assessors recommended the following:

1) Residential Factor of 1.
BOA: This indicates a single residential rate.
2) In computing your residential factor, was a discount granted for Open Space? No.
BOA: This would have no effect on the tax rate because we have no land classified as Open Space.
3) Was a residential exemption adopted? No.
BOA: This is more appropriate for larger cities; it offers tax relief to owner occupied properties and taxes non-owner occupied residential properties (apartments).
4) Was a small commercial exemption adopted? No.
BOA: This is not applicable.

The public hearing was closed at 7:25PM.

Ron Forget made a motion, seconded by Shirley Mosczynski, to approve the recommendations of the Board of Assessors on all four questions. Vote Unanimous.

4. Joint Meeting with School Committee and Finance Committee on FY02 Budget

The Budget will be presented to Town Meeting on May 14, 2001. Norm MacNeill explained to the Board that these boards came together to have a common understanding of the base guidelines and instructions for the budget. Mitch Cohen reported that the School Committee was not properly posted so he has cancelled their meeting and is going to bring back the information to the Committee at their next meeting. Pam Holmes went through the budget instructions with the Board and answered questions from the Board.

5. Police Grant Public Hearing – Lt. Glenn Gilbert

The public hearing was opened at 7:55PM.

Chief Foley told the Board that the department has been actively pursuing grants. They are eligible for the Law Enforcement Block Grant in the amount of $11.176.00. Our match is $1,200.00. The purpose of this hearing is a continuation of the application process. Lt. Gilbert met with the advisory board to discuss the use of the grant money. They decided on: reduction of crime: enforcement and education (quality of life) and Improve Public Safety (equipment/technical assistance). They plan to work to address speeding on the back roads. The grant money will add to the ability of the department to carry out programs.

The public hearing was closed at 8:05PM.

6. Public Hearing – Failure to License, Vaccinate, Provide Sufficient Care, and Reclaim Impounded Dog – 85 Hemlock Street

Norm MacNeill read a letter that was sent to John Oliveira, 85 Hemlock Street, and his response denying all allegations. Mr. Oliveira was not present because he has difficulty driving at night.

Jay O’Connor was sworn in.

Jay O’Connor stated that he had received a complaint about a cold, wet dog on Hemlock Street. He found the dog and impounded it on October 31, 2000. After speaking with neighbors, Jay was able to determine that the dog belonged to Mr. Oliveira. Jay called Mr. Oliveira on November 1st and spoke to Mrs. Oliveira. She said she had no idea what was going on and that Jay should talk to her husband. Jay called back on November 2, 2000 and Mr. Oliveira was upset and told him to keep the dog and hung up the phone. Jay called back and told Mr. Oliveira that if he failed to claim the dog there would a public hearing and possibly action in District Court to recover fees. The dog remains in Jay’s custody and Jay has not initiated any further contact due to Mr. Oliveira’s complaint against Jay.

One dog still remains on the property. On November 1, 2000 there was no sign of food or water and the remaining dog appeared to be vicious. Neither dog is licensed or vaccinated in Douglas. Jay is seeking compliance of that and evidence of proper care for the dogs. After Mr. Oliveira was told of the complaint against him, Jay drove by the Hemlock Street address and noted that there was new bedding and the remaining dog was placed in a motor home. Boarding fees are now at $420.00. The dog he has in his custody is a placeable dog, but the remaining dog is not likely placeable. There was discussion about whether this was a guard dog or not and what needs to be in place if it is. If Mr. Oliveira chooses to surrender the animal, then the animal will be placed appropriately.

Public hearing was closed at 8:35PM.

After discussion by the Board, Norm MacNeill suggested the following finding of fact:

That (1) on October 31, 2000, the Town of Douglas Dog Officer picked up and impounded a female dog with no tags which had broken loose from its chain at 85 Hemlock Street. A check of the Town’s records indicated that the impounded dog is not licensed in the Town of Douglas and that there is no record of its vaccination. The dog owner, John Oliveira of 6 Wilson Street in Bristol, RI, was notified of the impoundment and has failed to reclaim the dog; (2) a second dog remains on the property and there is no record of its licensing or vaccination.

Shirley Mosczynski made a motion, seconded by Ron Forget, to accept the finding as read. Vote Unanimous.

After discussion by the Board, Norm MacNeill suggested the following sanction:

That the dog owner, John Oliveira, is ordered, within 7 calendar days of this order, to vaccinate, license, and reclaim his impounded dog, with payment of accrued boarding fees, and to vaccinate and license the dog remaining on the property. In the absence of the dog owner’s compliance with this order, the Board further orders that the impounded dog be placed for adoption and that the dog remaining on the property be banished from the Town of Douglas.

Rich Preston made a motion, seconded by Shirley Mosczynski, to accept the sanction as read. Vote Unanimous.

7. Need to Create Second Precinct

The Secretary of State has advised our Town Clerk that Douglas has exceeded the population threshold for one precinct and the Town must now create a second precinct. The Board of Selectmen is the decision-making Board in this matter and the Town Clerk has asked that they take this under advisement. The Town Clerk has offered to be the primary contact with the state and will work with Board through this process. The due date for this second precinct is 7/1/01 so it will not effect the annual election. The Board would need to look at where to have the second precinct. There is also a movement for a more automated system of voting/counting.

8. Appointments
• Tom Navaroli, Shirley Mosczynski, Rich Preston, and Ron Forget – Cable Advisory Committee

Due to the upcoming negotiations, changes, and increases in cable there is a need for a full committee. Marc Serra and Paul Crandall are currently appointed to the committee as well.

Shirley Mosczynski made a motion, seconded by Rich Preston, to appoint the entire Board of Selectmen to the Cable Advisory Committee. Vote Unanimous.

9. New Business

Upcoming Meeting schedule: 12/5 Workshop, 12/12, 12/19 (in lieu of 12/26), and 1/9.

The smaller parcel of land owned by Louis Tusino that was passed at Town Meeting was brought up for discussion. The Board asked that all departments are asked to give feedback on this issue. Shirley Mosczynski suggested the Board go to look at the land. A site walk was set for December 2 at 8AM.

Shirley Mosczynski asked that the Chapter 61 policy that was approved be distributed to all departments.

Shirley Mosczynski inquired about the road acceptance status of Spring Meadow. Norm MacNeill told the Board that it would be placed on the December 19th agenda.

10. Adjournment

At 9:30PM, Ron Forget made a motion, seconded by Rich Preston, to adjourn. Vote Unanimous.


Respectfully Submitted,



Angela L. Ernenwein
Assistant to the Executive Administrator
Suzanne Kane
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