ANIMAL ADVISORY COMMITTEE August 24, 2011-Minutes
Special Meeting Case #11-8931
Chair Martin Haspel called the meeting to order at 6:30p.m.
Attending: Martin Haspel, William O'Shea, Kerry Reid, ACO Diana Back, Joanne Baldauf, Nicholas and Genni Magliano, Mary Foley, Carolee and George Perrin, Constance Hollister, and Elisa Overt
_________________________________________________________________________________
Animal Advisory Committee members introduced themselves and shared their backgrounds with the attendees.
Chair Haspel stated the reason for this special session was to investigate Incident #11-8931 and to advise the owner in order to remedy concerns in order to prevent the situation from escalating and being referred to the Board of Selectmen should issues escalate. As this is an advisory committee, the Board of Selectmen may seek our input for appropriate actions, but it is the Board of Selectmen that would issue orders in this matter. The attendees were advised that they were not limited to this committee's recourse and could seek redress from the Board of Selectmen at any time.
The committee was informed that Ms. Shepherd's hip is broken and that she is currently in the hospital awaiting surgery. It was noted she would not be in attendance as expected.
ACO Diana Back read the incident report of the August 13, 2011 event that led to this meeting. Officer Back documented that Ms. Shepard's injuries included one or more bites to her right buttock, a large scratch on her left leg and scrapes and or puncture marks to her left arm (elbow area).
The dogs' owner Ms. Mary Foley said her perception at the time of the incident was that she was in the house. She thought the dogs were in the house and she was not sure if the door was open. She did not hear Mrs. Shepherd and did not witness the initial interaction. She did hear the dogs' barking. Ms. Foley stated that she did not believe the dogs attacked Mrs. Shepherd while she was in the house because when she came out, Mrs. Shepherd walked toward her and asked if she wanted firewood. Her perception is that the dogs only barked at Mrs. Shepherd while Ms. Foley was still in the house. It was Mrs. Shepherd's statement in the police report that she was attacked twice; therefore, there is a conflict between the two accounts of the incident. It
appears that in Mrs. Shepherd's version of the incident as cited in the police report, there were two parts to the scenario: the first one occurred while the owner was in the house (dogs were out). Max caused Mrs. Shepherd to lose her balance and fall in the road and Max snapped at her buttock; the second incident occurred after the owner of the dogs was out of the house.
Ms. Foley stated that Max had had a skin flare-up and had been given medication for the condition. The dog was on the 5th (of 16) day of a high dose of prednisone (tameril), which, she thought, might have induced aggression.
Chair Haspel interjected that treatment with steroids, particularly in an animal with a hypoactive thyroid, may result in aggressive behavior. Regardless of the cause of aggression, the predominant issue concerns the presence of unleashed dogs on public property not under the immediate and effective control of the owner.
The Perrins added they did not witness the incident; however, they fear the dogs but had never seen them bite. On one occasion they did attack a car on the Perrins' property while barking ferociously. This was not a comfortable situation.
Mr. Perrin related an incident when he was going from house to house soliciting funds for road repair. Ms. Foley was out with family and when the dog(s) began running at him; they stopped instantly at Ms. Foley's command.
Ms. Overton related incidents concerning her now 15 year old son who had numerous interactions with the dogs in his returning home from middle school on the bus. In hopes of alleviating his fear, she suggested to Ms. Foley that her son meet the dogs. Her son was given treats and told to throw them beyond the dogs or to stop and stand still. Ms. Overton shared the fact that she will not walk past the house as the dogs bark and run. They roam freely in the neighborhood, "do their business" on her property, and are not the first of Ms. Foley's dogs that have been problematic. She also related that Ms. Foley's dogs also attacked "Fingers", a German shepherd dog owned by one of the neighbors.
Ms. Hollister related that her grandson, Ms. Overton's son, calls on his cell phone when he gets off the school bus. The dogs are loose all of the time and are out all the time in neighbors' yards.
The Maglianos, who purchased property in 1991 have given up walking approximately 1100 feet to the pond after one of the dogs growled, barred its teeth and dropped its head. The dog returned home after it was called by the owner. This incident was reported to the ACO at the time. Three to four years later, guests were accosted as they walked back from the beach and were frightened. Again, the ACO was called. They no longer walk but drive the short distance to the pond. Hopes were expressed that tonight's meeting might provide possibilities to stop this so they would not have to live in fear and could, after 20 years, finally, enjoy their property. Ms. Magliano also said that she was afraid to have her great niece play in the yard.
Chair Haspel again noted that there are two issues: dogs running free on public property and the aggressiveness of the dogs. He said that no one should be fearful of being on public property. He suggested that, if the dogs can push the doors open, a simple remedy would be to lock the doors.
Ms. Foley stated that it was impractical to keep the doors locked and that the dogs will be tied up in the house and that Max will be working with a dog trainer in the Sandwich area (C. Johnston).
Chair Haspel noted that traditional obedience training has its limitations in dealing with aggressive behavior. There are very few individuals on the Cape that have accreditation from bona fide organizations for designing and implementing behavior modifications programs, He noted that lmbi Kiiss, a dog trainer on the Cape, has been recommended by the staff of the behavior clinic at Tufts University Cummings School of Veterinary Medicine. Since it is possible that the underlying cause of the aggressiveness might have a medical basis, he suggested that be addressed first before initiation of any training. The involvement of a veterinarian, on a continuing basis, would be important, since psychotropic drugs might have to be prescribed to facilitate
modification of the behavior. ·
Ms. Foley stated that the dog had been to the vet today. Thyroid testing and a skin condition were mentioned.
Chair Haspel concurred that a veterinary workup was an appropriate first step. The larger issue was the dogs being "out". Town regulations are clear. A dog must be on leash on public property or under immediate and effective voice control.
Ms. Foley stated the dogs are now tied in the house.
Chair Haspel continued that this was a short term solution. The dogs need to be kept on leash when they are out of the house.
Mr. O'Shea commented that the number of incidents (21) over the course of years indicated a systemic problem with not adhering to the leash laws.
Chair Haspel commented that the dogs should not be on others' property as people should not be afraid of being out in their own yards.
Mr. Perrin stated that voice control was not for these animals with their issues. ACO Back stated that she has issued an order that these dogs, because they attacked a person without provocation must now always be leashed when on public property.
Mr. O'Shea noted that the Selectmen in dealing with issues of' aggressive manner" can order that a dog be destroyed.
Chair Haspel recommended that as a short term solution, the dogs potty on leash. Longer-term suggestions included a veterinary workup and training. In regards to behavior modification, he noted that at Tufts Behavior Clinic there are 3 levels of service: (1) an appointment with a veterinarian at the Tufts Animal Behavior Clinic who will evaluate and suggest remediation; (2) VetFax which consists of a questionnaire to be filled out by the owner and the dog's veterinarian. In this option, the local veterinarian is heavily invested in the behavior modification program; and (3) Pet Fax in which the recommendation is made solely to the owner. He suggested that a face-to-face appointment at Tufts or VetFax would be the best approach. He also noted that
the Animal Rescue League in Boston has a behavior clinic directed by Dr. Amy Marder. He reminded Ms. Foley that a dog with a history of attacking people is analogous to keeping a loaded gun in the house; extensive precautions must be taken particularly with regards to liability issues. The possibility of fencing was discussed. Chair Haspel did not recommend invisible fencing for this situation. The dog may, because of its aggressive behavior, choose to go through the invisible fence but would then not be able to return to Ms. Foley's property. Also, extensive training is required for a reliable response to boundaries of the yard. The dogs are currently tied with a 12-foot leash to various household items (treadmill, living room chair, etc.) which will not go through an open door.
Chair Haspel noted that Professor Nicholas Dodman, director of the behavior clinic at Tufts, strongly recommends aerobic exercise for dealing with behavior problems and had written in one of his books that "a tired dog is a good dog." He continued with the fact that this is a serious situation. An elderly lady is in surgery because of these dogs. The Board of Selectmen may order removal of the dogs from Eastham and this can lead to court remedy.
Mr. O'Shea noted the Board of Selectmen could order euthanasia. That is another option.
Ms. Perrin queried as to what they could do.
Chair Haspel stated Ms. Foley has taken steps. Should the matter go to the Board of Selectmen we will make recommendations after another meeting with interested parties. As individuals, the neighbors may write to the Board of Selectmen or wait and see if acceptable remediation occurs.
Mr. Perrin stated that the Animal Advisory Committee felt their concerns and grasped the effects on them and their grandkids, etc. He questioned what would happen now and in the future should the situation escalate.
Mr. O'Shea commented that we want to prevent another incident. Should the ACO's order be violated the Board of Selectmen would become involved. He cautioned the group to keep the ACO in the loop. The object is to prevent anyone from being menaced as well as bitten. An 8-foot high fence might be appropriate. Recommendations for Ms. Foley will be issued will be issued in writing.
Mr. O'Shea made a motion that the Animal Advisory Committee take the testimony from this evening's meeting under advisement and discuss it at a follow- up Animal Advisory Committee meeting. After consideration at that meeting, the committee will issue its recommendations in writing and provide copies of these recommendations to all interested parties and the ACO.
Ms. Reid seconded the motion.
Chair Haspel stated that he felt that the participants, particularly the concerned neighbors, should be able to leave the meeting with a clear understanding of the action plan.
The motion passed by a vote of 3 to 1, with Chair Haspel dissenting.
Chair Haspel restated a hope that people would leave the meeting understanding our advice. (1) We expect a response from Ms. Foley as to rehab progress since Max will be going to "boot camp" for 2 weeks and the other dog will join Max for the final week. We will deliberate and meet next week. (2) An informational packet was given to Ms. Foley. The information included how to choose a dog trainer and accreditation, a position paper warning against the use of negative training methods in dealing with aggressive behavior, and information concerning the behavior clinics at Tufts and the Animal Rescue League in Boston. (3) The AAC will set a meeting and notify this group in writing. He then cautioned Ms. Foley that since her property borders on
Herringbrook Road which is a is heavily traveled during the summer, that her dogs could be seriously injured or killed if allowed to leave her property without being under control. The meeting adjourned at 8:30p.m.
Respectfully submitted,
Joanne M. Baldauf
Clerk
| 
