May 5, 2008

By Kenneth J. Souza

A regular meeting of the Rochester Board of Selectmen was called to order on Monday, May 5 at 7:00 pm by Chairman Richard Nunes. Also present were Selectman Brad Morse, Selectman Dan A. McGaffey, Town Administrator Richard LaCamera, and Administrative Assistant Veronica Lafreniere.

The board first continued the Dog Hearing from April 28 upon a complaint against a dog known as "Spirit" owned by Lorne and Anne Estabrook. The hearing was continued at the request of the Estabrooks as their attorney was not available to attend.

Selectman Morse recused himself as he is a direct abutter to the Estabrooks.

According to Chairman Nunes, a complaint was filed with the Rochester Police Department on April 16 by Yvette Vipon of Walnut Plain Road claiming her small dog, Bebe, had been attacked by Spirit. In a statement she filed with the Police Department, Ms. Vipon noted that Spirit was with Mr. Estabrook's daughter and was unrestrained and not on a leash at the time of the incident.

"For the last two years (their dog) has been free, walking around," Ms. Vipon said. "I just want peace on my land. If they had followed the (restraining) order, this wouldn't have happened."

"Ninety-five percent of the time the dog is on the approved run," said Attorney Robert Perry, legal counsel for the Estabrooks. "Their daughter has been walking the dog (during the) day. It has an electronic collar ... and it was the Estabrook's understanding that the dog is always on a leash. I guess at some point (their daughter) takes the leash off. Whatever happened should not have happened, and we agree with that. We've made it very clear what needs to be done. There should not be another incident like this."

In a previous decision rendered by the Board of Selectmen in December 2006, the Estabrooks were ordered to keep Spirit confined and restrained on their property and not be "solely reliant on any wireless electronic containment system." The order also stipulated that any further failure to confine and restrain the dog would result in the dog being permanently removed from the limits of the Town of Rochester and any documented incident where the dog attacked a person or another domestic animal would result in the dog being put down.

A previous restraining order against the same dog was issued by former Town Administrator James Huntoon in April of 2005.

"Obviously, both orders haven't been followed," Chairman Nunes said. "And now we come here with a third reported incident. The dog was supposed to be on a leash or on a line or in a cage. The electronic devices didn't work."

"One thing is clear: that the letter of the agreement that the Estabrooks signed has not been met," Selectman McGaffey agreed. "The dog clearly was loose and was not restrained."

"In order to avoid having the dog put down, is there a way to have the dog removed from the property?" Chairman Nunes asked the Estabrooks.

They said no.

"It seems to me as long as Spirit is in the neighborhood, the neighbors are not going to feel comfortable with their small dogs," Selectman McGaffey added.

"At this point, I think the dog needs to be removed," Chairman Nunes said upon closing the hearing. "I'm going to make a motion that the dog Spirit be removed from the Town of Rochester."

The motion was seconded by Selectman McGaffey and thereby passed unanimously by the board. Upon Attorney Perry's request, the board agreed to submit a copy of their decision to him in writing.

The board next approved the minutes of the April 28 meeting, then signed and approved the 14 Flammable Fluid Permit Renewals for 2008.

Under the Town Administrator's report, Mr. LaCamera noted a warrant review for the upcoming June 2 Annual Town Meeting will take place on Wednesday, May 14 at 7:30 pm in the Town Hall. Copies of the warrant are now available in the Town Hall, the Council on Aging (COA), the Plumb Memorial Library, and online at www.townofrochestermass.com.

Mr. LaCamera also noted there has been a request to run a Motorcycle Fundraiser to benefit wounded veterans in Rochester in June which has been forward to the Police Chief for his approval. The board agreed to approve the event with the Chief's blessing.

Mr. LaCamera also advised that the town's Building Inspector has been charging residents for copies of documents and he wanted to check with other town departments and boards to see what their policy is regarding collecting money for this service. "I want to make sure we don't create any accounting problems in keeping track of that money," he said.

Under incoming correspondence, the board received notification from Verizon that the full complement of services -- internet, telephone and television -- are now available to all Rochester residents as per their franchise agreement with the Town of Rochester. Residents should note, however, that until Comcast completes a pending connection at the new ORCTV facility in Marion, local programming such as the tri-town public access channel, the tri-town education channel, and Rochester's dedicated government channel will not yet be available to Verizon subscribers.

The board also received notice from the Rochester Land Trust, Inc. of their intention to produce a 2009 Rochester town calendar as a fundraiser for their organization. Each month will feature a town group or organization and the calendars are slated to be ready for sale at the Rochester Country Fair in August.

"Unlike some other calendars, I hope everyone pictured is fully clothed," Selectman McGaffey mused.

In other matters, the board:

* Noted their next regular Selectmen's meeting will be held on May 19, June 2, June 9 and June 23.

* Advised the Zoning Board of Appeals (ZBA) Continued Public Hearing on the Featherbed Lane Development Project will take place on Wednesday, June 4 at 7:00 pm at the Rochester Senior Center.

* Reminded everyone that the Annual Town Meeting will take place on Monday, June 2 beginning at 7:00 pm in the cafetorium of the Rochester Memorial School.

There being no further matters to come before the board, they unanimously voted to adjourn for the evening at 7:45 pm.

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