Town of Princeton, MA
BOARD OF SELECTMEN
January 3, 2012
The meeting was called to order at 5:00 PM in the Annex. Present were Chairman Raymond Dennehy, Edith Morgan, Stan Moss and Town Administrator John Lebeaux.
FY12 Warrant #14
The Board reviewed and signed the payroll and vendor warrants from the Treasurer and Accountant.
Minutes
December 19, 2011 Regular Meeting- Edie moved to approve the minutes as amended. Stan seconded. All in favor (3-0).
Retirement of Bill Johnson
Raymond announced the retirement of Bill Johnson and thanked him for his outstanding service to the town. The board presented him with a certificate of appreciation for “fifteen years of cheerful dedication to the Town.”
Dog Complaint Hearing – Edna & Robert Haines, 234 Thompson Rd
Raymond opened the hearing at 5:30 pm. He explained the hearing is governed by MGL Chapter 140, section 157. When a written complaint is received, a hearing is scheduled to consider the charges. The hearing is posted in accordance with open meeting law and the dog owner is given notice. Raymond explained the process will include testimony of complainants as to what happened, written letters will be reviewed, and dog owners will give statements and ask questions. The board will then deliberate and make a decision on a course of action. Raymond asked all who were testifying to stand and be sworn in.
Leigh Zins, 90 Rhodes Road explained she was bitten by the Haines’s dog. She said has never had a complaint with a dog in her life. While she was out running she proceeded up Rhodes Road to Thompson Road and the Haines dog went after her dog in an aggressive manner. She then began to run on her own for concern for her dog. She ran in middle of the road and as she approached Haines’s driveway she saw their dog running after her in attack mode. She stopped running and the dog then bumped her on her right hip, she tried to calm the dog, but the dog proceeded to bite her left calf and then ran back up to the owners property. She saw the Haines’s outside and told them the dog bit her. Edna said the dog did not bite her and that she was lying. After Leigh showed her the wound, Edna offered to drive her home.
Leigh said Robert made inappropriate comments about her running outfits. Edna told Leigh it was a phase the dog was going through and since it was a puppy, not fully in command until 2 ½ years old. Leigh said she feels this is dangerous behavior and needs to be resolved. She showed the board pictures of the wound and also the scar and discoloration on her calf. She said she informed the Animal Control Officer and has not run by the house again. The Animal Control Officer informed her that another person had been bitten and at this point she believes it will not be resolved without intervention.
Robert asked Leigh if she was wearing head phones and also if his dog fought with her dog. Leigh said she was not wearing headphones and the dog did not fight with her dog.
James Grigos, 279 Thompson Road said he and his wife were walking with their new puppy on leash past the Haines property. As they approached an opening in the stone wall, the Haines dog started towards them in an aggressive manner. He picked up the puppy. The Haines dog circled them a few times and then he felt pain in his leg and realized he had been bitten. James said this was not the first time they had been approached aggressively by the dog; it had been going on most of the summer. He did go to the doctor and did not require treatment.
Robert and Edna Haines said the dog returned to them with her mouth bleeding profusely and had broken teeth and required veterinary treatment. James said he did not kick the dog.
Paul Fortier said he lives at intersection of the four corners. He has not been bitten, though the dog has come after him a number of times. In April, the dog came after him aggressively and he was able to walk away backwards. The second time in July, the dog came after him with teeth flaring and he was able to walk backwards and did not get bitten. Paul said he’s very concerned for children. Edna said the dog’s been in training and is well behaved with their grandchildren. She said she has students come to the house on Tuesdays and there is never an issue.
Louis Masa said he has been in the Animal Control Officer position for over seven years, has been to numerous training courses, involved with dog training clubs, and does a lot of work with dog with behavioral issues. He knows a lot of breeds and loves Shepards. Louis said issues began in April when the dog was six months old. Another call came in July and Edna told Louis she would keep the dog on her property. Then in
August, he received the call from Leigh Zins. Louis believes if the dog is not contained, there will be a direct bite. Louis does not believe this is a bad dog. It is a protective dog and when people run by the prey drive and herding instincts kick in. The dog should be contained and needs ongoing training. Louis recommends installing a 12 x 10 fence kennel, 6 feet high and also that a trainer be hired to work with the dog at the home on desensitization. The dog should also be brought to obedience class.
Raymond noted that letters were received from Elizabeth Masterman and Maria Skinner, both said they had bad experiences with the dog.
Neil Sulmasy, said he lives across the street from the Haines. He has seen the dog behave well with the owners; however is concerned that people have been bitten and that the dog has chased his dog and his son on his bike.
Raymond turned the floor over to the Haines’s. Robert said his dog became very sick and almost died and may have been poisoned. After veterinary treatment the dog recovered. He is concerned that people are overreacting in this situation.
Edie said the facts are that the dog bit two people. People have a right to walk or run on a public way.
Edna said the dog is currently being trained with increased socialization in parks and busy areas.
The Board deliberated. Raymond said the pattern of behavior is extremely unsettling with two people bitten by the animal. The Animal Control Officer reported the dog can be rehabilitated with a combination of training and containment. Edie asked what type of supervision will occur. Louis said the owners will send a letter informing him they have completed the training and he will go to the property and evaluate.
Stan moved that the Finding of Facts are as follows:
- The dog owned by the Robert and Edna Haines, 234 Thompson Road, bit Leigh Zins on August 7, 2011 and James Grigos on November 19, 2011.
- Paul Fortier was approached by the dog in an aggressive manner on April 24 and July 4, 2011.
- People are afraid to go by the property.
- The dog was unrestrained off the property.
- The board finds that the dog Brita, owned by Edna and Robert Haines is a public nuisance by way of vicious disposition. Edie seconded. All in favor (3-0).
Stan further moved that under MGL Chapter 140, section 157, to implement the recommendation of the Animal Control Officer for restraining and training as follows:
- The dog must be on a leash and restrained anytime she is not inside the house
- The owners have until February 1, 2012 to construct an enclosure approved by the Animal Control Officer, as recommended to be a 12 x 10 fenced kennel, 6 feet high and made from material preapproved and inspected on completion by the Animal Control Officer
- The owners must find and engage a dog training expert approved by the Animal Control Officer for on property training and desensitizing for a period of 6 months, or until such time the Animal Control Officer sees fit.
Edie seconded. All in favor (3-0).
John advised Robert and Edna Haines that a written notice indicating what the board voted tonight will be hand delivered to them tomorrow, January 4, 2012. Under state statue they have ten days to appeal the decision to District Court. If any other issues occur with the dog, or if there is a failure to comply with the decision, the hearing will be reconvened and fines and/or imprisonment may occur.
At 7:10 pm Edie moved to close the hearing. Stan seconded. All in favor (3-0).
Thomas Prince School Green Repair Project
John reported there have been problems with adhesives not adhering properly in the cold. They will continue to work out a solution.
Thomas Prince School PCB Project
John reported good news on the soil excavation at Thomas Prince School. The soil test was done last week and results came back clear. That portion of project is closed. A meeting will be scheduled with the EPA to discuss removal of existing windows.
Follow-up on Surplus Property Disposal Process-Notification of Upcoming Sales
John announced that the town is offering six vehicles on an on-line auction later this week. The vehicles are not worth the town repairing. A link will be posted on the town website. John will report back to the board after the two week bidding process is complete.
Analysis of FY12 Tax Rate
Raymond reported the rate was set at $16.84 per $1,000. The average residential tax bill is $5097, up $258 from FY11, and down $12 from FY10.
Kathy Conway asked about the increase in valuations when home values are down. Stan said this year was a tape and list year. During the revaluation some properties increase in values and others go down. Kathy suggested the board make it clear at town meeting the dollar amount the tax rate will increase by when and item is being voted on as was done in the past. The board will consider.
FY13 Budget Process
Now that the tax rate has been set, John will draft a preliminary revenue report for review at next meeting. There was discussion on holding formal budget hearings during regularly scheduled meetings. The Advisory Board will be invited when the budget is being discussed.
Other Business
John reported he received good news on the contamination in front of the public safety building, the test results came back with contamination undetectable. The DEP will close after a few additional tests are performed.
Public Comment
None
Executive Session
At 7:41 pm Edie moved to enter into Executive Session pursuant to MGL Chapter 30, Section 21(3), to discuss strategy with respect to collective bargaining, and further move to enter into Executive Session pursuant MGL Chapter 30, Section 21(2), to conduct strategy session in preparation for negotiations with non-union personnel, and to not to reconvene into open session. All were in favor by roll call. Raymond yes; Edie yes; Stan; yes.
Raymond advised that the board will now enter into executive session for the purpose of discussing strategy with respect to collective bargaining since an open meeting may have a detrimental effect on the bargaining position of the Town. The board will not reconvene in open session.
Meeting was adjourned 7:41 pm. All were in favor.
Respectfully Submitted,
__________________
Brenda Savoie
Administrative Assistant
Referenced Documents:
Letters and material relevant to the Dog Complaint Hearing
FY12 tax rate analysis
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