The notorious dog kennel that has been driving the North Avenue neighborhood nuts for the last two years had its kennel licenses revoked by the Rochester Board of Selectmen on August 9 after a long process of issuing conditions, appeals, complaints, inspections, and now criminal and imminent civil charges against Melinda and Liberal Teixeira have so far failed to curtail incessant dog barking at the 368 North Avenue property.
The Teixeiras were not present for their hearing, but about a half dozen neighbors were, expressing pessimism and exhaustion over the current situation and asking Town Counsel Blair Bailey if the dogs will finally be confiscated.
“I would, at this point, suggest to the board that there be a motion that the kennel license be revoked and I will proceed … with an action in civil court along with the criminal action,” said Bailey.
The board voted in favor of the motion, meaning that as of August 9, the presence of dogs on the premises is now a violation. The police chief has filed criminal charges against the Teixeiras, and the hearing is scheduled for August 25 at the Wareham District Court.
Selectman Naida Parker turned to Bailey and asked him what she should do if the Teixeiras come into the Town Clerk’s Office to individually license five dogs, to which Bailey replied, “[They have shown] their inability to be a good neighbor, and anything they want to do at that property would have to come back before the board.”
Bailey said six non-criminal citations have been handed to the Teixeiras, each for $50, and court costs could be added to that should the matter move to court for collection. Bailey also said a lien can be placed on the property.
According to Bailey, an animal control officer inspected the property on August 3, but Bailey has received no report. He also thinks an additional inspection was performed since then, but, again, he has received no report. Bailey said the last inspection on which he did receive a report showed a total of six adult dogs and ten puppies at the kennel.
Once the kennel licenses were revoked, some neighbors wondered, what now? What does this all mean?
“What I’m trying to do is make sure I’ve done everything the bylaw tells me to do,” said Bailey. Where it stands now, he said, there is no kennel license. The Teixeiras no longer have the right to have the dogs on the property. “I’m trying to make sure we follow the right path…. They have no license to operate anything at that property.”
Currently, Bailey pointed out, there is no ACO for the Town of Rochester, so the Town has had to work with the ACOs of Fairhaven and Mattapoisett. He said Tuesday he would be contacting them to coordinate a time to arrive at the Teixeira property to physically remove the dogs and relocate them to the animal shelter in Lakeville.
“They’ve had all this time to move these dogs,” said Board of Selectmen Chairman Richard Nunes. “Enough is enough with this already.”
Parker said there are several dog kennels in town, and the Teixeira kennel has been the only one with any complaints by abutters and neighbors.
“This is not acceptable,” said Parker. “Most people who have these licenses respect the others….”
In the meantime, said Bailey, the citations and fines will continue until the dogs are confiscated.
“Now it’s illegal to have them on the property,” said Parker.
The board encouraged Bailey to stay on top of the citations and continue to remain in contact with the ACOs until the matter is resolved, once and for all.
“I have no intention of dropping it,” said Bailey.
Neighbors present that night expressed pessimism, wondering if the ACO would be able to complete the task of physically removing the dogs since the Teixeiras are never home when the ACO or police chief comes knocking. One neighbor said the Teixeiras leave the property five minutes before the police cruiser arrives, and return five minutes after it leaves. One neighbor said she recently called the police because the dogs’ barking woke her up at 4:45 am. Another called the police last Saturday when the dogs barked for an hour starting at 6:00 am.
“You guys have been amazingly patient,” Parker told them.
In other matters, Bailey reported that Representative William Straus has been authorized by the selectmen to move forward with the introduction of special legislation to uphold the Annual Town Meeting from June 8, after it was discovered that there was no quorum.
Bailey said Straus and State Senator Michael Rodrigues are seeking guidance from the Attorney General’s Office, and the matter will move forward once Bailey receives a response from the Attorney General Municipal Law Unit.
Also during the meeting, resident Greenwood “Woody” Hartley asked selectmen when they were going to bring the town’s website into the 21st century. He suggested the town should post meeting schedules, agendas, minutes, and other important information on the website like neighboring towns already do.
Hartley said posting the meetings outside the Town Hall worked in the past when people had to walk by every day to buy their milk, “But that’s not how we do business anymore,” Hartley said.
“I agree with you wholeheartedly,” said Town Administrator Michael McCue. McCue said the new assistant he hired to replace Veronica Lafreniere has experience in website maintenance and upkeep and will be taking on the responsibility, eventually.
McCue said that when he first started his work with the Town of Rochester roughly a year ago, there was no funding for the endeavor. Once the new assistant starts, McCue said the town will no longer have to outsource for website maintenance.
The next meeting of the Rochester Board of Selectmen is scheduled for August 24 at 6:30 pm at the Rochester Town Hall.
By Jean Perry
