BOS Considers Action Against Repeat Kennel Offender

Residents report that things had been quiet for well over two years now since their neighbor Liberal Teixeira’s kennel license was revoked by the Town, essentially putting an end to the incessant barking that prompted repeated complaints since 2013.

But that was then, and with a revival of dogs incessantly barking at the property, neighbors have lodged new complaints leading the Town to believe that Teixeira is back to breeding dogs, this time without a permit.

Several neighbors attended the Rochester Board of Selectmen meeting on December 17 to give sworn statements on what they have witnessed at Teixeira’s property, 368 North Avenue, but Teixeira did not. Town Counsel Blair Bailey, in communicating with police and animal control, concluded that Teixeira is breeding Vizsla puppies against the Board of Selectmen’s orders, which were upheld in court in 2015.

Three female dogs are licensed to the property, Town Clerk Naida Parker confirmed, which is allowed in the Town’s dog law. However, if Teixeira is keeping a kennel as the Town suspects, he would be in violation.

Neighbor Alan Boling says the noise is continuous. “The dogs bark day and night. It’s continuous, even up until this week,” Boling said. “You get up in the morning … it’s just a riot of dogs barking. They bark at night and it’s just frustrating. It seems like nothing can be done about it: it’s just constant.” It may not be every day, he later said, “But when it happens, it happens a lot. It’s just constant noise. It’s just not right.”

Neighbor Robert Lacroix said he lives across the street and “we know for a fact that he’s been breeding dogs.”

Donna Medeiros said there are at least three or four dogs, “and I’m sure there’s some in the house, some in the basement.”

Police Chief Robert Small said Teixeira allowed the animal control officer to inspect the property and that the number of dogs present and the ages of the dogs are not in compliance with the licensing guidelines.

Rosemary Boling said when the dogs were removed from the property back in 2015, the neighborhood was quiet. “This summer I could hear the dogs and I actually spoke to someone who was going into the house.“ She said she told them, “I hope you’re not raising dogs again because the noise is becoming unbearable.”

Boling recalled one morning this summer when a litter of puppies was running down North Avenue and someone stopped to collect the puppies and put them out back. A little while later, she testified, the puppies had again escaped and were running in the road.

A police officer responded and someone at the property explained that the lock on the gate had been broken.

“It’s a kennel again,” said Medeiros.

Bailey said it appears as though Teixeira is running a breeding operation with an address based in New Bedford, but tied to the North Avenue property, a violation of the prior order.

Board of Selectmen Chairman Greenwood “Woody” Hartley acknowledged that Teixeira had been notified of the dog hearing and chose not to attend that evening.

“He had the opportunity to come tonight,” sighed Hartley.

“It would appear as though Mr. Teixeira has pretty much ignored the court orders and the court upholding,” said Selectman Brad Morse.

“The concern we have is, we are going back to that point where we were before,” said Bailey.

Morse recommended the board close the public hearing, “and I think we should move forward with a course of action.”

The board closed the hearing to take the matter under advisement and will announce at its January 7 meeting whether it will take legal action against Teixeira.

In other business, the board decided to move forward in making the fire chief position a full-time position. According to Hartley, the responsibilities related to training, record keeping, and inspections is “growing exponentially,” and Hartley added, “It is really impossible for a part-time leader to keep up.”

The Town will follow the usual hiring procedure by updating the job description, posting the position in-house, and having a hiring committee consider the candidates.

“There is not a rush on this,” said Hartley. “It’s a big move for the Town: it’s a big community, a long-term commitment. I think it’s appropriate that we move ahead. … We have more than one person who could probably qualify.”

The board signed the municipal water agreement with Middleboro, which will extend a water main to the Annie Maxim House on North Avenue.

The board appointed Brad Correia and Daniel Hartley to the Agricultural Commission, bringing the total number of sitting members to three. There are still four vacancies left on the commission.

The next meeting of the Rochester Board of Selectmen is scheduled for January 7 at 6:00 pm at the Rochester Town Hall.

Rochester Board of Selectmen

By Jean Perry

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