The Kingston Board of Selectmen met on Thursday, Feb. 15. Selectman Don Alcombright joined the meeting remotely.
The Board opened a public hearing for an incident involving a dog that had bitten multiple people. Town Counsel led the hearing asking the dog’s owner to approach the podium to testify. The owner began by telling the Selectmen that her memory has been deteriorating. The dog in question is named Tyson and is a 6-year-old Rottweiler. The owner said that a visiting nurse called her before a visit during which time, the nurse was told to call before coming to the house so that one of her dogs could be confined. The owner told the Selectmen that she has been rescuing Rottweilers for 30 years. The nurse called from the driveway and the owner said that she warned her not to come into the house. The owner said that the nurse proceeded to come into the house regardless during which time she was bit. The owner said she was a visiting nurse herself for 11 years saying, “I wouldn’t walk into someone’s house without them opening the door for me… I could not understand for the life of me what this girl was thinking.”
There was another incident outlined where Tyson bit another person after the owner’s grandson took the dog off its leash. The grandson testified to the incident before breaking down crying saying how sorry he was for what happened. The Selectmen opted to have a brief recess at that point.
The Animal Control Officers testified next. They began by addressing the first incident that took place in October at the owner’s home. They said that the dog was placed in a 10-day quarantine and said that the dog was released without incident following the first incident. She said she reviewed with the owner that the behavior of the dog was alarming and that actions would have to be taken to make sure the dog was put away prior to people coming over the house. The ACO noted that the second incident occurred in January in the Silver Lake Sanctuary. “Again, this was an unprovoked attack,” the ACO said. The dog was quarantined at the shelter this time, rather than at the owner’s home. “The entire time that the dog was there, the dog was agitated… staff could not go near the dog,” she explained. At the time of the release, the fines and fees had not been paid by the owner. At that time, the ACO requested a dangerous dog hearing before the Selectmen. The fines and fees were paid and the dog was released into the owner’s custody. “I just do not feel comfortable with this dog being in the town of Kingston.. this dog is going to bite again and next time it may be a child.,” the ACO said. The ACO outlined her personal experience saying she has been doing this for 16 years and despite trying to be lenient in these cases, the only recommendation for this dog would be to have it humanely euthanized.
Animal Inspector Debra Mueller spoke next. She told the Selectmen, “I just wanted to let you know, it’s 30 years for me. I, of course, have seen the dog a couple of times… we don’t always know what a dog is going to do and we can’t have a conversation with them, but this dog is going to bite again given the opportunity. The conditions in the house appear to me that they have no way to control this dog and the person that would be controlling this dog has to have the physical stature in order to do that.”
The victims were given the option to testify. The victim of the October incident, the visiting nurse, spoke saying that things were misrepresented in the owner’s testimony. The nurse said that she was never told that a dog was dangerous and also said that she was told to meet the owner in the house in a few minutes. She said she waited a few minutes and then went into the house. She said that she did knock but noted that the owner is hard of hearing. The nurse said that the owner came into the room following the biting and told her she had to get out of her house and that she was going to call the cops on her. “She was not nice,” the victim explained. She further said that she was on three weeks of antibiotics and had to have a CT scan due to the bite. “I still have pain from it,” she said.
The second victim from the January incident also testified. He said that he does typically see dogs off leash in the area but noted that typically they are friendly. He described the incident saying, “Now I’m in a position of do I kill this dog? I love dogs, I’ve had them my whole life I don’t want to do this.” He said that when the owner’s grandson called off the dog, however, the dog let go. He noted that the second dog was very calm. The victim said that he was upset that the owner’s grandson wouldn’t give him any personal information beyond his first name and a false phone number. “None of this talking that I was having with him gave me fuzzy feelings that he was telling the truth which is why I called the police,” he explained. The phone number that was given ended up being a phone number for the Duxbury Highway Department. The victim said that if the owner had been forthcoming with him, he wouldn’t have had to reach out to Animal Control. “I’m a pretty tough guy, if that had been a kid, and again, I don’t want to see a dog put down… it’s all about personal responsibility, people have to be responsible for their dogs,” he said. Crone asked about all the dogs the victim sees unleashed and Selectmen Chair Kimberley Emberg noted that according to the bylaws, no dog is allowed off leash in any of the public areas.
The Counsel reviewed the difference between a nuisance dog and a dangerous dog. A dog can be deemed a nuisance dog through excessive barking or posing a threat to livestock, etc. but reasonably justified in their behavior. A dangerous dog is one that attacks without justification causing physical injury or death or behaves in a manner that poses an unjustified imminent threat. The Selectmen agreed that the dog should be deemed a dangerous dog. As a result of finding the dog a dangerous dog, they then needed to select from several possible actions to take. The less severe of which involved keeping the dog confined within the owner’s premises or muzzled when off those premises as well as obtaining liability insurance. The final and most severe of the options presented was the dog be humanely euthanized. The Board voted unanimously in favor of the euthanasia by the end of the day on February 23. Proof of the euthanasia would be required. Selectman Sheila Vaughn said that she is a dog owner and has had Rottweilers as well. She said how sorry she was for all parties involved.
The Selectmen also dealt with the continuation of a separate dog issue from November. Emberg said that at their November 21 meeting they also held a dangerous dog hearing where they voted a dog a nuisance dog. The Board provided 6 conditions that the owner had to comply with within 60 days. The owner sent notification that they are incompliance with the first two conditions but were unable to come into compliance with numbers 3 through 6. The ACO has given the owner a 30-day extension to come into compliance. Emberg said it would be up to the Selectmen whether to grant an extension for getting the necessary insurance as the ACO doesn’t have jurisdiction over that one condition. The owner spoke during the meeting saying that he doesn’t feel he can afford all that is required of him and has concluded that he will need to rehome the dog outside of Kingston. He noted that it was a difficult decision for his family. An attorney for the town said that the order will follow the dog wherever it goes, but that it would be up to the new community to enforce it. The owner was there to find out what disclosures would be appropriate to make to a potential new owner. The Selectmen had the option to file a case in District Court against the owner were he not to obtain the liability insurance. Selectman Eric Crone said he was hesitant to file a case and, instead, would like to authorize extending the compliance deadline in the meanwhile. Hickey recommended putting it on a later Selectmen’s meeting agenda. The Selectmen voted to extend the insurance compliance deadline to March 2.
Emberg said that since Police Chief Maurice Splaine’s contract was coming to an end and they weren’t yet able to appoint a new Chief, they would need to vote on an interim Chief. The Board voted unanimously to appoint Thomas Kelley per Splaine’s recommendation. Emberg thanked Splaine for his years of service to the town which was met with a standing ovation. The new permanent Police Chief is set to start in April.
The Selectmen reviewed the budget which Emberg called “a level services budget.” Emberg said that her only request was that the Selectmen’s column in the budget reflect all the Town Administrator’s recommendations to show that they were aligned. Town Administrator Keith Hickey did have a few proposed reductions including to the employee benefit tuition reimbursement program. He suggested reducing the budgeted amount from $10,000 to $4,000. He also suggested eliminating the brush chipping on Saturdays from the Streets, Trees, and Parks line. The new general fund budget is $55,442,097. Hickey said that the non-school expenditures represent an increase of about 4.5 percent over last year. The Selectmen voted to recommend the general, water, and sewer budgets. Emberg noted that this is just their recommendation, and it is subject to change before appearing on the Town Meeting warrant.
Hickey provided Selectmen with some Town Administrator updates. He told the Selectmen they had three submissions to the request for proposal for legal firms. He said that the Board should hold a special meeting to interview one or more of those firms. He also said that the boat ramp project is set to begin March 1 and run through the end of May. He said the second part of the project will focus on parking. The IT manager for the town will be retiring in July necessitating a search for a new one. Hickey also said that the four new firefighters approved at Town Meeting have been hired. According to Hickey, a Mass Wildlife Habitat Management grant of over $23,000 has been awarded to Kingston to treat invasive aquatic species. The Fire Department was also awarded a $19,000 grant to replace some aging equipment.
“In our last public meeting we discussed creating regulations for a potential new industry within our harbor – sugar kelp farming. The Harbormaster and Shellfish Constable created some draft regulations for our consideration,” Emberg told the other Selectmen. She noted that it was available on their website for the public. The Selectmen voted to approve the regulations with a few amendments.
The Board also approved the beach sticker fees as presented that evening. The Recreation Commission recommended keeping them the same as the previous year though Emberg said that in the future she would like to see the fees increased. The sale of the beach stickers will begin April 1. Shellfish licenses are available starting Friday, March 1.
Emberg said that the Kingston School Committee voted to send a statement of interest to the Massachusetts School Building Association (MSBA) to seek funding to replace the elementary school roof as well as doors and windows. The Selectmen voted unanimously to support the School Committee’s action. Selectman Sheila Vaughn noted that the roof was 27 years old and past its life expectancy. The doors and windows in question are 24 years old.
Emberg said that the continuation of the earth removal public hearing for PK Realty Trust was being moved to March 12 at 6:15. She also told those assembled that after 26 years PACTV had changed their name to the Local Scene beginning in March.
Nomination papers are available in the Town Clerk’s office and are due back by 11:30 am on March 29. The last day to register for the local town election is May 8 and the election is Saturday, May 18. Vacancies on various Boards and Committees include two openings on the Conservation Commission. There is also an opening on the 300th Committee due to a resignation.