BOARD OF SELECTMEN
TUESDAY, SEPTEMBER 22, 2009
The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the Conference Room at 110 Main Street. In attendance were Richard E. Guertin, Edward S. Harrison and John F. Goodrich II. Also present were the Town Administrator and the media.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Mr. Harrison made a motion to accept the meeting minutes of September 8, 2009 – open session. Mr. Guertin noted a change in the last paragraph on page three. Mr. Goodrich seconded as amended and it was so VOTED.
Hearing on the Complaint of Brenda Markham Regarding Dogs Owned by Michael Facchini:
Animal Control Officer Paul DeMaio, Police Officer Brian Allenberg, complainants Brenda and Erwin Markham and the dogs’ owners, defendants Mr. and Mrs. Michael Facchini, approached the Board of Selectmen. All parties were sworn in by Mr. Guertin who explained the procedure and stated when an issue comes before the Board of Selectmen, it’s because it couldn’t be resolved prior, either between the neighbors or with the assistance of the Police Chief and/or Animal Control Officer, as this is a last resort.
Mr. DeMaio stated he received a telephone call at approximately 7:30 p.m. regarding two loose Rottweiler dogs on Blanchard Road owned by Mr. Facchini, at the Markham residence. Mr. DeMaio placed one of the dogs in the cruiser and called for assistance in catching the second dog. Officer Allenberg came to assist and stated by the time they got the second dog in the car Mr. Facchini’s sister was driving up looking for the dogs.
Mrs. Markham explained she has an electric fence on her property for her dog. Her dog can’t get off the property but other dogs can come onto the property as the fence requires a certain collar to be worn, making the electric fence effective. Mrs. Markham stated Mr. Facchini’s dogs were circling, sniffing and growling at her dog, which had no way to escape. Mrs. Markham noted she doesn’t want any other dogs on her property bothering her dog, her children and/or her family.
Mr. Facchini stated his sister was watching his dogs as he was out of town the day his dogs got loose. Mr. Facchini noted the dogs are Rottweiler puppies weighing about 90 pounds and who won’t reach maturity until they are two years old. The dogs are fenced in by a five foot - five inch high steel posted fence, which goes seven inches into the ground to prevent any escaping from digging, and added the gates are always locked with a chain and padlock. There are two doors from the house going into the pen area as well. Mr. Facchini said he does let his dogs run way out back on his six acres of property when they are with him and under his supervision. Mr. Facchini added he has raised Rottweilers for about twenty years and they have never been vicious dogs. Mr. Facchini apologized to Mr. and Mrs. Markham for his dogs
being on their property.
Mrs. Markham expressed concern for the times the dogs are on Mr. Facchini’s property loose with him, if they should just take off and leave the property, while not listening to their owner.
Mr. Goodrich questioned if the dogs were licensed and if they had attended obedience classes, and explained this hearing has nothing to do with the breed of the dogs. Mr. Facchini refused to answer the questions as he felt he was at the meeting tonight on the complaint filed by Mrs. Markham, and said the issues Mr. Goodrich brought up could be addressed at another time.
Mr. Harrison read Chapter 140, Section 157 of the Massachusetts General Laws into the record regarding a nuisance by reason of vicious disposition, or excessive barking, or other disturbance, and felt having Mr. Facchini’s dogs on someone else’s property without permission constituted a disturbance and therefore a violation of the law that needs to be addressed. Mr. Harrison noted it doesn’t mean the dogs have to bite anyone or jump on anyone, it’s just the fact the dogs were on someone else’s property without permission, unleashed.
Mr. Facchini said he understands what the Board is saying, but felt the problem between him and his neighbor was more with him moving into town and bringing in a particular breed of dog.
Mr. Guertin responded the Board hasn’t been involved in any prior incident, but he can understand how someone might be concerned if there was a prior incident, there might be more sensitivity the next time a dog entered the yard and feels this is a little bit of what is happening here. Mr. Guertin added there is some sensitivity here and he really needs to be sure the dogs stay home. Mrs. Markham said she doesn’t want anyone’s dogs on her property, not just Mr. Facchini’s dogs.
Mr. Facchini explained he doesn’t feel dogs’ need professional training as some owners can train dogs just as well, and added his dogs socialize with his family and friends and go places with them. It was just very unfortunate his dogs got out that day and trespassed on the Markham property.
Mr. Guertin asked Mr. Facchini what assurances he could give the Board of Selectmen that his dogs will never be back in Mrs. Markham’s yard or anyone else’s yard. Mr. Facchini stated he can’t give 100 percent assurance. His dogs have never been allowed out intentionally. He has never opened the door just to let them run. The two incidences were accidents. When the dogs are outside with him, they are unleashed, under his supervision and he goes as far back on his property as he can as he owns six and a half acres.
Mr. Guertin said he understands Mr. Facchini was out of the country at the time, but wanted to know, whether Mr. Facchini was out of the country or not, that he is doing whatever it takes, to make sure his dogs stay on their own property and this doesn’t happen again. Mr. Guertin explained if it does happen again, and Mr. Facchini comes before the Board of Selectmen a second time, and states once again he wasn’t home, it just wouldn’t cut it with him. Mr. Guertin stated he wants to get this resolved and Mr. and Mrs. Markham want assurances the dogs won’t be back on their property. Mr. Guertin added the Board of Selectmen needed as much assurance as possible from Mr. Facchini that his dogs will not be on anyone else’s property uninvited.
Mr. Facchini stated when he moved into town, he took the steps to assure Garcia and the two dogs would always be in the fenced in area in his yard. Mr. Facchini explained all he could do is give the Board of Selectmen his word and stated he has instructed his mother and his sister, who have watched the dogs in the past, they are not to let the dogs out of the fended in area. Mr. Harrison said the Board of Selectmen can not allow accidental releases of the dogs as Mr. and Mrs. Markham have the right to not be disturbed by the dogs. Mrs. Markham stated when Mr. Facchini releases his dogs on the back of his property; the dogs don’t know where the property line is and she fears they will return to her property and her dog or another neighbor’s dog, if he is allowing them to run unleashed, as that is what dogs do.
Mr. Facchini reiterated he allows his dogs to run freely on his property under his supervision. Mr. Guertin told Mr. Facchini he needs to have sensitivity to the issue, because if during one of the times when his dogs are running freely and they don’t obey him by staying on his property, and it comes back before the Board of Selectmen, it will be a different conversation next time. Mr. Facchini said he totally understood, respects and appreciates that, and knows what would happen as he isn’t naïve; he can only give his word to everyone that he will assure the dogs never go back on the property.
Mr. Guertin stated on behalf of the Board, the main objective was the Markham’s don’t want the dogs on their property any more. What he heard Mr. Facchini say is that he is going to do his best to make sure this doesn’t happen again. Mr. Guertin said he thinks the fact Mr. Facchini has a fenced in area is a plus, as if he didn’t have one they would be telling him to get one. Mr. Guertin said he understands Mr. Facchini is going to make his best effort to make sure this doesn’t happen again, but if this does happen again, they would have that conversation spoke of earlier, and wanted him to understand the implications of that, as the Board of Selectmen can’t allow this to continue to happen.
Mr. Harrison and Mr. Goodrich agreed with the statement Mr. Guertin just made and Mr. Goodrich reiterated both parties seem to acknowledge the town has regulations, and for both parties to follow those regulations. Mr. Goodrich also noted he is a strong proponent of training for dogs as he feels restraint can also be through obedience and not just physical barriers. Mr. Facchini stated he has trained his dogs. He has read many, many books over the years and has owned three Rottweilers prior to these, and doesn’t feel as though you needed a formal degree in training to train dogs. Mr. Facchini added he realizes and appreciates the responsibility that come with this large breed and wanted to be clear with that. These aren’t dogs that are just caged in all day and get no socialization. These dogs socialize with
his family and friends and go places, they know people. He agrees it’s a huge responsibility. He apologized for what happened and the dogs getting loose.
Mr. Guertin stated he feels this has been resolved with an understanding of what has to happen, and everyone will be held to what that understanding is, and hopefully there will never be another incident.
Mr. Guertin thanked everyone for coming in and added he hopes the Board will never have to see them under these circumstances again.
Special Town Meeting – Discussion Regarding Scheduling:
Mr. Harrison made a motion to hold a Special Town Meeting on November 16, 2009 at 7:00 P.M. in Granite Valley Middle School, with the warrants being opened on October 13th and closed on October 27th. Mr. Goodrich seconded and it was so VOTED.
Appointments to MDC Re-Use Committee:
Mr. Harrison made a motion to appoint DCAM Dana Harrell; DDS Jane Arthur; Board of Selectmen designees Kathleen Norbut and David Royce; Planning Board designee Paul Hatch; CPC designee Louis Hasbrouck; and Family and Friends Salvatore Panzera to the MDC Re-Use Committee effective immediately through June 30, 2010. Mr. Goodrich seconded and it was so VOTED.
Ms. Neggers noted next Monday, September 28, 2009, the MDC Re-Use Committee will hold their first meeting in the Conference Room in the Town Office Building. The meeting is open to anyone who is interested in attending. Mr. Harrison added the Town has no idea what is happening there and explained this is the time for residents to say what they want, as well as what they don’t want, to see happening there.
Correspondence was read and completed.
At 8:55 P.M., Mr. Harrison made a motion to adjourn from open session to go into executive session for the purpose of a collective bargaining discussion (IBPO), not to return to open session. Mr. Goodrich seconded and it was so VOTED.
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John F. Goodrich II, Clerk
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