Town of Princeton, Mass. --– Oct. 20, 2014 -- Minutes
BOARD OF SELECTMEN
6:06 PM The meeting was called to order in the Town Hall Annex. Present were Chairman Neil Sulmasy, Stan Moss, Edith Morgan and Town Administrator John Lebeaux.
New Business
Selectmen reviewed a list of Ambulance Abatements with F.D. Dep. Chief Tim Kelly for calls from March 2008 through Aug. 21, 2011. These are invoices which have been deemed ‘uncollectible’ and if ‘written off,’’ the 3rd party billing company will stop pursuing payment. This is not forgiving or eliminating the debt. Mr. Kelly indicated that the total of $8,960.60 is a fraction of the $100,000 per year in ambulance receipts and that the ambulance service collects 94 percent of its billings.
Selectmen voted all in favor to abate $8,960.60 in uncollectibles from 3/1/08 to 8/21/11. Mr. Kelly also reported that the Fire Dept. has visited four senior citizens’ homes and installed over a dozen smoke and CO detectors, using grant funding so there was no charge to the residents.
6:13 PM Town Treasurer-Collector Jim Dunbar came in to collect BOS signatures on documents needed to refinance the debt from the T.P. School “Green Repair” project which was completed last year. With a new bond rating of AA3 (up from A1) the town qualifies for an interest charge of 1.697 percent on a ten-year loan. This adds $112.00 to the average real estate tax bill.
Selectmen voted all in favor to sign the documents, in time for the loan closing date of Oct. 28.
Public Hearings
6:29 PM Selectmen opened the Tax Classification Hearing and explained that the Assessors are still waiting for certain information from the state DOR in order to complete their work. They voted all in favor to continue the hearing to Nov. 3 at 6:15 PM.
6:30 PM Selectmen opened the public hearing pursuant to M.G.L. c. 140, s. 157 for a dog complaint from Ann Littlefield at 27 Worcester Road about a female mixed breed named Dakota, 2014 license tag number 572 owned by Phillip Connors, 23 Worcester Road They had reviewed correspondence regarding dog
barking complaints including a report from ACO Laura Pease and police log entries listing these and other complaints. Neil S. swore in Phil Connors, Ms. Littlefield, Mary Bolger of 25 Worcester Road and Animal Control Officer Laura Pease. Ms. Littlefield read her complaint which she had submitted to police dispatch on 9/11/14 and noted that this was the third hearing on the same matter since 2010 plus an appearance before the Worcester court magistrate. Selectmen asked her about communicating with the dog owners and she said she’s talked to them in the past but they had denied there was a problem. Then Ms. Bolger outlined events since June 2010, have tried talking to the Connors and been through every option for relief—police, attorney, courts. She said conditions that were placed on the dog owners at the previous hearing have not been maintained, such as a bark collar and location in and around house where dog is kept or tethered.
Neil S. explained that because the court dismissed the case on a technicality, the BOS conditions couldn’t be enforced and the process is starting over—on a new page. Mr. Connors had no questions for either complainant. He then distributed letters of support for Dakota (the dog) from a veterinarian and a personal care assistant who is regularly in the house. Also, Neil S. read a letter from neighbor Phil Carter, 29 Worcester Rd. who acknowledged hearing the dog bark but accepted it as part of country living.
7:05 PM Mr. Connors said the dog went through behavioral training and met BOS conditions and that the court magistrate found the complaint to be without cause. He reported that the dog provides comfort to his wheelchair-bound mother; it deters intruders and warns the family about anyone approaching the house. He believes the complainants claims are exaggerated and that other witnesses feel differently.
Ms. Littlefield said she could tolerate barking if it was only in response to occasional noise outside, but it is incessant. She noted that a written complaint from her and Ms. Bolger had been submitted to police in June of this year. She pointed out that much of the barking occurs when Mr. Connors is not home and he admitted he doesn’t know what goes on when he’s not there. Neighbor James Bolger was then sworn in and he reported that the dog is “out of control” and conditions imposed at the previous dog hearing have not continued. He talked about quality of life and noted that former ACO Lou Massa had deemed Dakota to be a nuisance dog.
7:25 PM Laura Pease, the ACO, read her report on the complaint from Sept. 11. She recommended installing shutters to block the bottom half of windows in the Connor home or, as final step, using an electronic bark collar. She recommended that all occupants be included in any training and reported that the barking is loud and it does carry.
7:40 PM With no more comments or questions forthcoming, Selectmen voted all in favor to close the public hearing. State statute was cited and they deemed that the 2nd definition of “nuisance” which is “disruptive” would apply. Recent changes in the statute say that if conditions of the hearing authority (BOS) are not followed, the case goes directly to district court. The defendant can appeal the BOS decision within 10 days.
7:55 PM Selectmen voted 2 – 1, with Neil S. voting “no” to declare that Dakota is a nuisance dog based on the facts adduced at the hearing, including, but not limited to: excessive barking infringing on the quiet enjoyment of the neighborhood by barking for long periods of time at different times of the day. The motion was then made and seconded to order the dog’s keeper to ameliorate excessive barking and enlist the services of a veterinary behaviorist or professional dog trainer from a list provided by the ACO, after which a plan for the amelioration of excessive barking must be created and submitted to the Town Administrator by noon Dec. 10. Selectmen voted all in favor on that motion. The plan will be reviewed and selectmen can act on it at their Dec.
15 meeting. It was noted that if neighbors have any complaints about barking before Dec. 15 they should submit a report to police.
8:20 PM Selectmen voted all in favor to recess the BOS meeting in order to open the meeting of the Broadband Municipal Light Plant..
Meeting of BOS reconvened at 9:22 PM.
New Business
9:23 PM Selectmen voted all in favor to appoint Lauren Stimson to the Agricultural Commission for a term to June 30, 2017.
They voted all in favor to award a Highway Dept. project for hot mix asphalt paving of Bullock Lane to the lowest bidder which was P.J. Keating at $41,730.00--as announced at the bid opening on Oct. 16.
9:30 PM Selectmen voted all in favor to set Nov. 18 for the Special Town Meeting for approval of broadband start-up funding. They then voted all in favor to set Dec. 9 for a ballot election. They voted all in favor to direct the town administrator to arrange the STM and the election (if needed).
Old Business
A report on Town Hall maintenance was tabled to the next BOS meeting on Nov. 3
Minutes and Warrants
Selectmen voted all in favor to approve regular meeting minutes for October 6.
Selectmen reviewed and signed vendor and payroll warrants: FY15 #8
9:40 PM Board voted all in favor to adjourn.
Respectfully submitted, Marie N. Auger, administrative assistant
BOS Referenced Documents: Report from bid opening on Oct. 16; report from ACO and complaint letters;MGL 140 Sect. 157 on dogs; Directive and memo from Kopelman & Paige regarding dog hearings. List of ambulance trips from Fire Dept.
Marie Auger
Administrative Assistant
Planning Department
978-464-2100
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