The Rochester Select Board Monday night conducted a dangerous-dog hearing based on a charge by police that the 12-year-old American Pit Bull Nomad owned by John McCusker of 105 Robinson Road has been used as a weapon to threaten town law enforcement officers.

            In the end, the board concluded the animal’s actions just warranted six month’s probation. But before that happened, Rochester Police officers, including Chief Robert Small, filled one side of the meeting room as the Select Board heard testimony that Nomad bit Officer Brendan Emberg when he attempted to enter McCusker’s home on July 8, 2021, to investigate a report that edibles were being consumed where there was a child. The encounter sent Emberg to Tobey Hospital with an elbow injury.

            In another incident, on February 11, 2023, Officer Scott Smith said he was threatened with an attack from Nomad when Smith tried to stop McCusker’s wife in a motor-vehicle stop near their home and approached the front door.

            McCusker’s spouse had refused to stop and entered the home. McCusker called on Nomad to stop Smith from entering the house. Small said McCusker’s wife was being pulled over for driving without a license.

            “She refused and pulled into the driveway,” Small said. “They then used the dog as a weapon against an officer. If it were any other weapon, you would take it away. We request this dog be deemed dangerous and be restrained.”

            McCusker responded that no one was in the house at the time of officer Emberg’s entry in July 2021. “I was away fishing,” McCusker said. “He went into my house. And this was his (Nomad’s) domain. So he protected it.”

            McCusker noted that in other cases when there’s a warrant, he puts the dog away. When there’s no warrant, he does not.

            Select Board Chairman Woody Hartley said this is a difficult decision. It is not really the dog that’s the problem, he said. It is the owner. It is what he does.

            Attorney Michael Kennefick of Town Counsel Mead, Talerman & Costa said he’s seen no other case like this one, where the dog is accused of being weaponized. He told the board it had the option of deeming the dog a danger or simply a nuisance. Then the board may decide what remedy to impose as a result of its decision.

            The board chose to deem Nomad dangerous and declared that the dog be restrained and confined to the owner’s control and property. But it also approved revisiting the case in six months to give McCusker time to keep Nomad in check. McCusker agreed that all of this was doable.

            “I’m happy the board deemed the dog dangerous,” Small said after the vote. “And six months gives us time to see if there will be a next time.”

            Next, the Select Board approved a new, nine-member Hazardous Mitigation Plan Committee. Town Planner Nancy Durfee explained the need for such a panel by noting the town is receiving federal funding to create a local plan to prepare for natural disasters.

            The committee that will prepare this plan will be Durfee, Small, Selectman Paul Ciaburri, Fire Chief Scott Weigel, Highway Superintendent Jeff Eldridge, Facilities Manager Andrew Daniel, Building Commissioner Paul Boucher, citizen Sean Morrison (owner of a local daycare center) and a second citizen member who has yet to confirm her interest.

            The board then voted to place on the Town Meeting Warrant an article that would rescind the 2018 Special Town Meeting approval adopting the STRETCH energy code.

            Hartley said he agreed to place this article on the warrant but feels it might be premature. He said the town does not have all the information it needs to decide if building new municipal facilities without STRETCH Code requirements will be less expensive than construction under the codes.

            “I am not decided on this issue,” Hartley said. “I hope people will come to Town Meeting educated.”

            The chance for that education will be Monday, April 10, when a presentation on STRETCH Code regulations will be held at the Rochester Council on Aging, 67 Dexter Lane, at 7:00 pm, Town Administrator Glenn Cannon said.

            The Rochester Select Board will meet next on Tuesday, April 18, at 6:00 pm, at Town Hall, 1 Constitution Way.

Rochester Select Board

By Michael J. DeCicco

            The Mattapoisett School Committee voted during its March 20 public meeting to approve Superintendent of School Mike Nelson’s proposed FY24 school budget of $7,842,346.

            The figure above includes $98,922 for Bristol Agricultural High School, which is not included in the general operating budget of $7,743,425. The operating budget represents an increase of $208,382 (2.77%) over the FY23 total ($7,535,043.)

            Howie Barber, ORR’s assistant superintendent for Finance and Operations, told the committee during the public hearing that preceded the vote that the Old Rochester Regional administration’s goal has been to provide a zero-based budgetary method, while listening to administrators for school and department goals including new curriculum initiatives needing planning, along with review and recognition of budgetary shortfalls.

            In sharing a budgetary comparison between fiscal years 2023 and 2024, Barber displayed how different departments compare.

            The FY24 Center School operating budget of $3,077,558 indicates a $20,789 increase over FY23, but Old Hammondtown’s FY24 budget figure of $2,417,689 represents a $112,807 increase over FY23.

            Facilities ($837,659 in FY24) is up $119,704 from FY23, Central Office ($252,911 for FY24) is up $41,800 from FY23 and Technology ($166,494 in FY24) is up $13,778 from FY23. By contrast, Student Services ($465,614 in FY24) is down $77,195 from FY23, and Transportation ($525,500 in FY24) is down $23,300 from FY23.

            While English and Math departments are proposing increases in excess of $100,000 each for FY24, Mattapoisett voters are being asked to spend almost $300,000 less on teachers’ salaries ($1,548,050, down from $1,847,286 in FY23.) Barber explained the difference in terms of reallocation of teachers to departments where they are needed.

            Exclusions from the FY24 operating budget featured: Bristol Aggie and funds from offsets such as Federal Entitlement grants, including students who benefit from the Individuals with Disabilities Act (IDEA at $100,837), Early Childhood Special Education funds and ESSER III ($25,000.)

            Other budget offsets include Revolving Funds derived from the School Choice program ($70,000), Project GROW tuitions and school-building rentals and circuit breaker ($232,684.)

            Two Mattapoisett students attending Bristol Aggie as of October 1, 2022, cost $22,010 each in tuition and $5,401 each in debt service, along with $44,100 in total transportation costs.

            Student enrollment in Mattapoisett Schools is down 2.36% from 424 in FY23 to 414 for FY24.

            The town is looking at $992,801 in Chapter 70 state aid for FY24, an increase of $12,420 (1.27%) over FY23. Barber reminded the School Committee that being the governor’s proposal, the number could change.

            When Barber concluded his budget summary, Chairperson Carly Lavin opened the floor to the public. There were no comments from the public, so the public hearing was closed.

            Upon a motion to approve and a second, committee member Cristin Cowles asked administration and Mattapoisett Schools principals Linda Ashley and Kevin Tavares if the budget could adequately support literacy initiatives for the 2023-24 school year.

            “We believe it will meet our FY24 needs for the reasons Mr. Barber stated,” said Nelson.

            Lavin sought clarification on the effects of the budget on curriculum.

            After a unanimous vote approving the proposed budget, the committee also voted to approve the transfer of $70,000 in revenue from the School Choice program.

            In other business, the School Committee began a series of discussions on School Choice for FY24. Nelson told the committee that the town is still waiting on the long-awaited report from the UMass Boston Collins Center concluding its study on Mattapoisett public facilities, including an analysis of potential school consolidation.

            The committee voted to approve the following: a $10,000 Safe and Supportive Schools Grant that enables self-assessment; a donation of 20 5-gallon plastic buckets to use as drums from the Home Depot in Dartmouth; donations from the Parent-Teacher Association, $6,075.75 to repair the step at Old Hammondtown School and upgrade the basketball courts, $2,472.30 for two metal picnic tables and $2,220 for two soccer nets at Old Hammondtown.

            In her Chairperson’s Report, Lavin expressed appreciation to the ORR Administration for a well-organized job budgeting for the FY24 year. Lavin advocated for literacy, noting the drawback of less money to dedicate to READS specialists. She also asked the administration to look for opportunities to support working parents of students with more services.

            Nelson recognized participants and music directors for their work in the recent choral performance at ORR.

            In the Principals reports, Tavares was happy to note the student-faculty basketball game would finally settle on March 28 at the high school. A combined art show would happen at Center School on March 21. Ashley thanked ORR basketball players for time spent speaking to the elementary students.

            The next meeting of the Mattapoisett School Committee is scheduled for Monday, April 3 at 6:30 pm.

Mattapoisett School Committee

By Mick Colageo