Town of Princeton, Mass. -- BOARD OF SELECTMEN -- March 10, 2014
6:00 PM The meeting was called to order in the Town Hall Annex. Present were Chairman Stan Moss, Neil Sulmasy, Edith Morgan and Town Administrator John Lebeaux. ---Four members of the Advisory Board were later in attendance: Wayne Adams, David Cruise, Joe Lotuff and Jim O’Coin.
New Business
The selectmen voted all in favor to appoint two part-time police officers for a term ending June 30, 2017. They are Tyler Russell and Matt Seymour and Chief Michele Powers described their qualifications, education and experience.
6:05 PM Ian Larson came in for Tumbledown, LLC, the production company for an indie film to shoot some scenes in town on March 23. They will be in the area of Route 62 and Parker Cemetery at Parker Place. The Selectmen signed a location agreement, approved by town counsel, that included a $1,000 donation to the Cemetery Commission Donation fund and insurance certificates. The Selectmen voted all in favor to authorize and sign the agreement as presented; and, approve use of town roads on dates indicated, in their function as road commissioners.
6:15 PM Chief Powers discussed her department budget and made a case for increasing the line item for overtime payments. While salaries have increased, the amount for OT has been level for several years at $29,500, meaning that as salary rates increased, fewer OT hours were available. Ms. Powers asked for an adjustment to $33,000 and Stan M. suggested $36,000. John L. noted that these extra costs associated with dispatch going regional were anticipated and they are more than offset by the savings that come with the regional system.. It was noted that the new system should be up and ready for June. Stan recommended that the fire and police chiefs consider providing some dedicated staff time at the 8 Town Hall Drive office to provide routine services during business hours, such as issuing permits.
6:45 PM Stan M. opened the dog hearing and described the process and the new state law governing such hearings. He announced that the hearing was being audio-recorded.
The complainant, Ken Babineau, 116C Houghton Road, read his statement as previously submitted to selectmen. Stan M. read him the new state law does not allow reference to particular breeds in describing evidence of a nuisance or dangerous behavior. Mr. Babineau outlined the sequence of events in the demise of his 14 year old pointer, Crocket, and his interaction with the town’s ACO Laura Pease. The witness for Mr. Babineau spoke next. Sean Roche of 116A Houghton Road had moved here in October with his family and one dog. He described aggressive behavior from both of the Cote dogs, Sherman and Scarlett, and attested that Sherman had once entered his garage and bit his gloved hand.
Next, Mike Cote, 116B Houghton Road, read his statement and described ongoing training of his dogs at The Right Paw and reported that he has already installed a fence to enclose both dogs in his yard. He added that the charges from Mr. Roche had not been reported before and were “out of the blue.” Laurie Cote distributed a packet of reports from trainers, veterinarians and 19 letters from witnesses and supporters, much of which had been previously received by selectmen. This was followed by testimony from almost two dozen individuals praising the Cotes as well as all their dogs, past and present, for ideal dog behavior.
Selectmen asked ACO Pease to describe the situation and she read her report of the incident. She recommended that Sherman be considered a “nuisance” dog and the owners should take immediate action. She also noted that all three dog owners at 116 Houghton Road were in violation of state law by letting their dogs run loose, and recommended they all keep their dogs confined to their own properties.
8:30 PM The Selectmen voted all in favor to close the public hearing and deliberate. Stan M. noted that they had three choices, to declare there is no case of a nuisance or dangerous dog and dismiss the case; to declare the dog a nuisance and outline conditions to address the problem; or, declare the dog dangerous and take more aggressive action. The Board voted all in favor to deem the dog “not dangerous,” then voted all in favor to declare the dog as a nuisance and impose most of the conditions suggested by ACO Pease. They voted all in favor to adopt the following Orders:
Sherman is not allowed to run loose in the Town of Princeton.
When outside on the Cote’s property, Sherman is to be either restrained in a chain link enclosure or by a leash no longer than six feet in length and of adequate strength as to restrain him.
When off the Cote’s property, Sherman is to be controlled by means of a leash no longer than six feet in length and of adequate strength as to restrain him
Sherman is to continue to be enrolled in behavior modification training classes with the Right Paw or another dog behaviorist until such time as the training has met the satisfaction of the Animal Control Officer who shall consult quarterly with the Cotes and the trainer.
Sherman’s microchip shall be registered with the Town Clerk.
Should Sherman be discovered to have left the Cote’s property without restraint, the Cotes are ordered to immediately inform the Animal Control Officer via Police Dispatch.
Conditions #1-6 are in effect through Jan. 19, 2016, Sherman’s third birthday. Should there be no further complaints by Jan. 19, 2016, effective Jan. 20, 2016 all conditions and the Board’s determination that Sherman is a nuisance are voided.
Other Business
9:05 PM Ned Utzig of the Broadband Committee reported on the Rural Broadband Experiments Program which is an opportunity for a grant to cover a portion of expenses related to installation of broadband services in town. The monies come from a federal phone tax and are distributed by the FCC. Without knowing the qualifications that the FCC would seek in grant recipients, Princeton’s eligibility was unknown.
New Business
9:15 PM John L. explained that the bid award for the Gregory/Pine Hill Road contract, slated to be awarded tonight, could not be awarded until a bid protest that has been filed was settled.
9:20 PM Selectmen received a Citizen Petition for a Zoning Article request and they referred it to the Planning Board. The Town Clerk has certified that there are sufficient voters’ signatures and that the petition meets the requirements of MGL Ch. 39, s. 10. Jon Fudeman, as a resident and not as a Planning Board member, explained that the petition opposes the PB’s version of changing houselots on Worcester Road from Business to Res.-Agr. Zoning because the PB version keeps a 20-acre parcel across from Stagecoach and Jillian drives as Bus. Zone and the citizen’s petition would save the 20 acre parcel from commercial development. Selectmen were asked if they could combine two articles when they were similar, and the answer was that only the PB could change their own articles. Stan M. advised
the citizens to attend the Advisory Board hearing on the ATM warrant which is held one week before the ATM.
9:40 PM With Advisory Board members coming in, selectmen considered a request for reappointment and contract extension from Town Administrator John Lebeaux, who submitted a letter seeking a three year contract from July 1, 2015 to June 30, 2018. The present contract was renewed with about fifteen months remaining. It contains a request for a 2% salary increase for FY 15.
Old Business
Regarding FY 15 budget development, the two boards discussed new drafts of revenue estimate and budget summary that reflected WRSD assessments presented at the March 3 meeting. There has been no change from Budget Calendar Draft #3.
There was extended conversation on sustainability of budgets
Warrants and Minutes
10:20 PM Members reviewed and approved vendor and payroll warrants: FY14 #18 and voted all in favor to approve regular meeting minutes for Feb. 24 and March 3.
Executive Session
10:30 PM Selectmen voted to enter into executive session to discuss strategy for collective bargaining (Police Officers)
pursuant to MGL Chapter 30, Section 21(3), and not to reconvene into open session.
Selectmen then went into executive session. Neil made a motion: “I move to enter into Executive Session pursuant to MGL Chapter 30, Section 21(3), to discuss strategy with respect to collective bargaining (Police Officers) and not to reconvene into open session” and Edith seconded the motion. Stan called for a vote and in roll call Neil voted “Aye,” Edith voted “Aye” and Stan voted “Aye.” Stan announced 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 voted all in favor to adjourn at 10:50 PM.
Respectfully submitted, Marie Auger, administrative assistant
Referenced Documents: Letters of support for Mike and Laurie Cote plus reports from trainers, veterinarians and contractors; dog complaint report from ACO Laura Pease; written testimony from Ken Babineau; Police Dept. FY’15 budget request; contract extension request from town administrator; citizens’ petition; Tumbledown contract; FY’15 revenue estimate.
Marie Auger
Administrative Assistant
Planning Department
978-464-2100
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