August 13, 2007
Present was Jonathan Smith, Ramesh Advani, James Lehan and Jack Hathaway, Town Administrator.
Jonathan called the meeting to order at 7:30 p.m. Jack read the agenda contents.
NOTE SIGNING
Cheryl Kelley, Treasurer-Collector gave them notes to be signed. She explained they were bonds for the renewal on the departmental equipment. We added 5 vehicles that we had done interfund borrowing for. The award went to Citizens Bank at 3.82%. Cheryl said the bids went from 3.82 to 4.14. Gail Bernardo was present to witness the signing.
DOG BANISHMENT HEARING
Present was Susan Mistler James, 33 Marshall Street – owner of the dog in question; Lori Scholl and Maria Tarullo of 23 Marshall Street; and Hilary Cohen, Animal Control Officer.
Jonathan Smith opened the public hearing.
Hilary Cohen, Animal Control Officer gave the Board a breakdown of incidents with the Mistler dog. Jonathan asked that information they received from Hilary be entered into the record.
Hilary gave a brief summary. Police records go back to 1994. She said it shows a repeat pattern, although not necessarily the same dogs. Hilary said she hadn’t personally taken action against the dogs until 2004. On April 10, 2004, the dog was caught killing another family’s rooster on the property where the rooster lived. The dog was in violation of the leash law and killing livestock. Ms. Mistler received a $30 citation for these two offenses, which she paid. The reporter, Ms. Alpert, complained that she was tired of the dogs running loose.
On January 15, 2005, she received a written complaint from Lori Scholl that she was being chased down the road by one of the dogs in an aggressive manner. The dog was in violation of the leash law. On January 16, 2005, she received another complaint from another party who was concerned about the ongoing problem as well. Upon that, she did some walking up and down the road to see if the dogs were loose. They were not loose at that time. The complaints were based on written evidence submitted by the parties. Hilary gave Ms. Mistler a verbal warning over the phone.
On March 7, 2005, one of our patrolmen reported both dogs running loose in the area while he was on a traffic stop. Once he cleared that stop, Hilary asked him to come over to the Mistler property and he identified that those were the dogs that were running loose on North Street. For that, she left a written warning on the door. No one was home. The dogs were at their house when she visited.
On April 1, 2005, reports of the dogs loose again. This was from a resident also in the room tonight from 23 Marshall Street. She reported the dogs were in her yard ripping up her garbage. Ms. Mistler was notified via phone and was given a verbal warning to go pick up her dogs. On July 23, 2005, both dogs were out again and chased a cyclist showing aggression. The cyclist went home and then came to the station and filed a formal complaint. Hilary issued a citation for $100 for chasing pedestrians on a public way and violation of the leash law.
On April 19, 2006, Stony Brook called reporting two dogs chasing water fowl (only one was a Mistler dog) and causing aggravation to the animals. Hilary said this was a unique situation because she was bit by the Mistler dog. It was not a severe bite, but it was a dirty bite. She ended up spending six days in quarantine at Milford Hospital because she got cellulitis. The dog in that situation was cited for $90, showing aggression, biting a person, leash law violation and no ID on the dog. That was delivered in hand by Sue Thibedeau, Wrentham ACO because she impounded the dog in a safer facility at that point. Once a dog has bitten, she will not have it come onto her property and jeopardize her animals and family. She paid that citation as well.
On February 11, 2007, she had another complaint of chasing a dog on a public way. It was also reported by a party here tonight. The reporter spoke with Detective Eykel and due to the report that was taken, the dogs were cited and a permanent order to restrain was issued by her department; a temporary order. Her permanent order to restrain was No. 626. She issued a citation for loose, chasing a pedestrian, non-licensed and showing aggression and that was for $175. This was paid. On July 12, 2007, she received a nuisance barking call at 10:22 p.m. Patrolman Bent responded and said yes, it was positive for barking, and positive for a violation of a restraining order because the dogs were out loose and not under any care and control. A written warning was issued for the barking because she
merged two incidents together. On July 15, 2007, she had another complaint chasing a pedestrian. There is a written statement about aggression. A citation was issued for $275. This was for chasing a pedestrian on a public way, aggression, leash law, unlicensed, and failure to restrain.
Hilary told the Board that these are the actual actions she has taken to this point. Her last record of this dog is a license list from 2005 which was 3 dogs, Curly, Maggie and Bella. The license history is that they were unlicensed in 2002, 2003, 2004, 2006 and still in 2007. Her concerns are that she doesn’t even know if the dogs are vaccinated. The fact that they are unlicensed shows an unwillingness to comply with the basics of our laws. She has concerns about the dogs aggression. The dog has bitten once and will probably bite again. She has no confidence that it wouldn’t happen inside its own home. But thinking of the public at large is a risk that she doesn’t want to take for the Town. She is curious to find out if there is a homeowners policy that lists
these dogs on them. Just for the liability of having these dogs and there is some differences as far as the property. There is a public easement on this property for the Lind Conservation Farm land. People can’t access them with these dogs out running loose. It does cut right on the edge of their property and does interfere with people wanting to use it.
Hilary did discuss this with Chief Stone. He feels the same as Hilary and for the safety of everyone involved, and of the track history of the dogs, and the escalation of aggression and violence, that they be removed from town. It is a tough situation but hasn’t gotten any better. Hilary has run through all the laws she can, and the Town has taken a proactive stand with a restraining order, and it was disobeyed.
Jonathan questioned from 2005, 2006 and 2007, are we talking about the same dogs? Hilary isn’t sure, although she knows that Maggie is one. Hilary said Maggie is the one we are talking about. Susan Mistler said that Maggie was put down a year ago for cancer.
Jonathan said was the dog involved in the biting incident also involved in subsequent incidents? Hilary said Lori Scholl could tell you more, because she was the eye witness to the most recent ones. She has written statements from her.
Jonathan asked the Board if they had questions at this time. They said no, they would prefer to hear what everyone had to say, first.
Lori Scholl, 23 Marshall Street. She moved there in August, 2001. She has a greyhound, and takes her for walks.
Lori said when she first got to the neighborhood and traveled down toward North Street, there was a dog that is now known as Maggie. She came out of her yard and her greyhound was scared. Maggie’s head wasn’t low, the barking wasn’t bad and her hair wasn’t up. She would follow them. The other one was more aggressive. It would come out and hair up, lower head and growl, and would not respond to human command. It was black with a brown chest like a dobbie – short and stocky. It would follow them, even though she would say no. Lori said when Maggie was gone, there was a puppy that replaced Maggie. The puppy showed aggression, even very young. The dog came right out to the street to them, and the woman in the house came out and got the dog. Lori told
the woman that the dog needed a leash, and the woman replied the dog was too young for a collar. The puppy is older and they both have an electric fence collar on. This past time, the younger dog got past and met them at the street. The other one stayed and didn’t come forward. This one seems frustrated and she did bark, hair up, head lower and will follow you. Lori said she knew when the jogger ran by her house, she knew what was going to happen. She jumped in her vehicle and followed him down and sure enough when she got there, the dog was after him. She got her vehicle between the runner and the dog and the runner ran off. The dog was nipping the runner’s heels. The dog was aggressive to the runner. Lori reported it to the police.
Jonathan asked Hilary about invisible fences and how they work.
Maria Tarullo, 23 Marshall Street. Maria said she is not a dog expert, but early on in the walking of her dog, Dottie she has chosen to take another path if she sees these dogs out. The behavior is different and she doesn’t scare easy. She won’t go down the public road because she’s afraid of what will happen.
Susan Mistler James, 33 Marshall Street.
Susan Mistler said that Hilary said the records start at 1994, but she didn’t get her first dog until 2001. She said that there is a neighbor that has dogs like hers and does abut the Lind property and the dogs are allowed to run free. She said her dog is trained for the fence and other than one time, never gets out. She feels there has been some confusion at times, because one of those dogs is the sister of one of her former dogs and looked much like hers.
Susan said that this past July, her dog did get out. She changed the battery on her collar, but it was a defective battery even though it was new, and didn’t work. Other than that one time, her dog has never gone beyond the fence. The dog Maggie, that was in question, died of cancer. She was becoming aggressive because of the cancer, and that’s why they put her down. The dog Bella also died of cancer two or three years ago. The puppy they didn’t get until last year. The puppy, Missy, is not even one yet. They gave their other dog, Curly to her cousin. He’s away a lot and if he’s gone for extended periods, they take Curly to their house.
Susan said Hilary is aware of these other dogs, and Susan has talked to the dogs’ owner and they don’t seem to care and let the dogs run free.
The Board asked Hilary the status of the other dogs. Hilary said she visited them about six months ago. The dogs are licensed – three of them and Hilary has not had any aggression problem or reports. They just roam. One dog walks up and down the street and a lot of people did call him in because he’s like 17 and he’s so old. She has not even had one complaint.
Jim asked Susan why her dog isn’t licensed. Susan said she thought the dog didn’t need to be licensed until it was a year old. The dog has had all its shots, etc. Hilary says the dog is aggressive; Susan says it isn’t. She said it barks because it doesn’t want people on the property. Susan says she is fully restrained. Hilary disagreed.
Jim said there is a big difference between dogs that are at risk vs. a dog that barks to let you know I’m here. Jim said if a dog is aggressive, it can turn on a family member as quickly as it can on a stranger. Ramesh asked if someone is in the house all day. Susan said during the summer yes. During the school year, no one is home but the dogs are always in the house weekdays. During the weekend, the dog could be outside.
Ramesh said that the laws in place to protect the neighbors. They should be considerate of what is going on around them. Ramesh said the bigger issue is the people. He is concerned.
Hilary discussed putting in a solid fence. Susan said she would agree with that. Banishing the dog to another town means that that town will have these problems.
Hilary recommended they put in a permanent fence, 6’ high and completing the property and covering all exits to the property. She feels there is complete lack of control of whoever is handling the property. Hilary said the dog has blown out the screen door. Because of that fact, she would like to see a physical fence encompassing all exits except the garage. It would need to be back a good distance from the Lind path. She suggests concrete footings so it can’t be pulled apart by the dog. The fence would need to be dig proof with spring lock gates, at least 6” under. Hilary recommends keeping the Restraining Order in place. It has been violated, and the dog needs to remain on a leash, and muzzled. Hilary will give a deadline of sixty (60) days. The dogs would need
to be boarded out. Hilary said she doesn’t get a warm and fuzzy feeling, and isn’t sure it will solve the problem.
Jim suggested Save a Dog, or something like that. Hilary has information on Save a Dog, plus other sites.
The Board asked Hilary for a recommendation. Hilary said she would recommend an order for a fence as stated above, or get rid of the dog. She would recommend sixty (60) days to secure a contract. Hilary said either a Purchase Order from a firm or do it yourself. The dog will be boarded and the specifics of the fence we can go into. Susan would have to agree on a fence or surrender the animals, or use an alternative step like Save a Dog. We need a resolution quickly. Susan said she was agreeable to this.
Jim moved that the Board of Selectmen support Hilary’s recommendations. Ramesh Advani seconded.
The Board reiterated that if the dog is out within the next sixty (60) days, the dog will be banished or taken. Jack said the other dog that visits needs to be licensed as well.
Hilary questioned a dangerous dog insurance policy for the property. Hilary said that we don’t have a bylaw requiring that, but aggression is a key of who is covering it. Homeowners doesn’t cover this.
Ramesh does not want to impose any insurance. He told Susan she should seriously consider not having the animal at all. He said rather than go through this expense, for three seasons a year with no one home, you are taking a risk.
It was so voted.
RE-ENGINEERING COMMITTEE
Eric Carlson, North Street. He said he is a long time resident. He moved back here in 1973. Eric works in Boston as a facilities/building manager. He said he is very aggressive. He would like to be part of the town and contribute.
Ari Alpert, Medway Street. He is new to town. Ari heard an invitation that the town is trying to do things differently. He would like to be involved and help.
Jack Campbell, Chickadee Drive. He doesn’t have a lot of time, but this struck a nerve and he felt compelled to try to become a member. He is interested in the Board’s vision.
Ramesh thanked the volunteers. Ramesh spent time explaining what we are looking for, and what the vision of this committee is.
Ramesh gave a timeline of the May 2008 town meeting. Jonathan would hope they could get a committee report at the October town meeting and then something by February. Jim said he is a blend of both. They may find something that can be done tomorrow. You may find a structural process that needs to be done in an article through town meeting.
ACTION ITEMS
Jim Lehan moved to approve the Fire Department request to conduct their annual Muscular Dystrophy Fill-the-Boot Drive on Saturday, September 15th from 8 a.m. to 12 noon at the roundabout – Rockwood Road, Main and Union Streets. This will be coordinated with the Police Department to ensure safety to all. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to grant permission to Kristen Porell to sponsor their 3rd Annual Jenny’s Run for radKIDS on Saturday, September 30th at 10 a.m. Race route will be the same as previous years, and police assistance will be obtained. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to award the contract for FY2008 Tree Services to D&B Tree Service of Quincy, MA per the recommendation of Butch Vito. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to adopt a resolution per Massachusetts DEP signaling our commitment to increasing paper recycling with the Mass Recycles Paper! Campaign. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to approve “Scout Lane” as a street name for The Village at Pine Creek, per the request of United Consultants, Inc. Ramesh Advani seconded, and it was so voted.
OLD BUSINESS UPDATE
Jack met with GATRA who did a program at the Senior Center. GATRA is starting the dial-a-ride a week from today on the 20th. 15 mile radius. The long distance will start about a month after that. They will look at the fixed bus service. We will put the fees online when we have them. It will be a donation system for seniors.
Jack reported the DPW is very active around town finishing up many projects.
Jack will report on contract negotiations in a short executive session following this meeting.
With respect to Buckley & Mann, Bob Bullock will get an appraisal in the event that we need to raze the buildings and make the land safe. We need to decide how to fund that.
Jack informed the Board he will request a Reserve Fund Transfer for $4,300 for Pope Housing who provided the trailer for the Fire Dept. housing.
Discussed Southwood and doing a PILOT or other funding. Robbie sent them a tax bill which they are reviewing.
A Cable Committee Update was given by Jonathan.
BI-WEEKLY CALENDAR
Jack gave his bi-weekly calendar report.
NEW BUSINESS
Jack said we are planning a memorial service and dedication on Veterans’ Day for Adam Kennedy at Grove/Union Street. Details to come.
Jack attended a meeting by the State regarding GIC (Government Insurance Commission). There is another meeting in Wrentham tomorrow. He gave the board a spreadsheet. Jonathan wanted Jim to attend so that he hears what the members of the Insurance Advisory Committee hears.
FALL TOWN MEETING WARRANT
The Board reviewed a first draft of articles that were received today.
Jack said there will be a Stormwater meeting on the 29th of August. Butch will be contacting everyone.
The Board agreed to remove the three articles submitted by Andy Bakinowski because they needed to be done by petition.
Jim Lehan moved to close the warrant. Ramesh Advani seconded, and it was so voted.
Because of the late hour, the Board will consider goals next week.
MAPC Route 1A corridor project is complete. The Board will have the Planning Board in to give a presentation to townspeople.
Regarding the draft master plan, the Board will give Jack feedback and he will send formal comments back.
At 10:59 p.m., Ramesh Advani moved to go into executive session for purposes of contract negotiations. Jim Lehan seconded, and it was a roll call vote: Jim Lehan, aye; Ramesh Advani, aye; and Jonathan Smith, aye. The Board will only return to open session to adjourn the meeting.
At 11:54 p.m., Jim Lehan moved to adjourn the meeting. Ramesh Advani seconded, and it was so voted.
This is a true and accurate report of the Selectmen’s Meeting of August 13, 2007.
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Ramesh H. Advani, Clerk
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