BOARD OF SELECTMEN
TUESDAY, FEBRUARY 15, 2011
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 Edward S. Harrison, John F. Goodrich II and Dr. Richard M. Smith. Also present were Town Administrator Gretchen E. Neggers and the media.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Mr. Goodrich made a motion to accept the meeting minutes for February 8, 2011 – open and executive sessions. Dr. Smith seconded and it was so VOTED.
Hearing on Complaint of Brault and Gohra Against Dog Owned by Colleen Leboeuf:
Mr. Harrison reopened the hearing at 7:05 p.m.
Mr. Harrison noted this hearing is a continuation of a hearing that was initially opened on November 23, 2010.
Police Chief Stephen Kozloski, Animal Control Officer Paul DeMaio, complainants Philip Brault and Jennifer Gohra, and dog owner Colleen Leboeuf, approached the Board of Selectmen.
Mr. Goodrich read the motion that was made by the Board of Selectmen back on November 23, 2010, stating the Board of Selectmen ordered Ms. Leboeuf’s dog, Trooper, to be restrained at all times. If the dog gets loose again and the Animal Control Officer picks him up, it will remain at the dog pound until the case comes back before the Board of Selectmen. The Animal Control Officer picked up the dog a second time on January 28, 2011.
Chief Kozloski read the police report into the record which stated; on January 28, 2011 a call was received in the Police Department from Ms. Gohra regarding Ms. Leboeuf’s dog being in the vicinity again. When the Police Officer arrived, Ms. Gohra indicated the dog had bit her hand, resulting in a red welt on a finger. No skin was broken. The Animal Control Officer arrived on the scene and took the dog. The dog has been in custody at the dog pound since that incident.
Ms. Leboeuf said she wasn’t in the house on the date of the first incident, December 20, 2010, as she had a restraining order against her ordering her to stay away. Ms. Leboeuf stated the other people living in her house are responsible for letting the dog out. On January 28th, the dog got away from her. She drove around looking for him. She asked the Police Department if they had seen the dog or if anyone reported it, and was told no. As she was driving around she went by Mr. Brault and Ms. Gohra’s house, and saw a Police Officer and the Dog Officer there. They had Trooper, her dog.
Mr. Brault showed the Board of Selectmen a picture of the bite Ms. Gohra received as she was putting out the trash. Ms. Leboeuf’s dog had gotten onto their deck over a closed latched gate and was in their trash can.
Mr. Harrison said it appears the decision voted upon by the Board of Selectmen to have the dog restrained at all time has not been adhered to and told Ms. Leboeuf that the blame of responsibility falls on her shoulders and this situation needs to be addressed. Mr. Harrison read a brief part of M.G.L. Chapter 140, Section 157 into the record regarding complaints received in writing by the authorities, which has been done.
Mr. Goodrich made a motion to remand the dog in the custody of the Dog Officer for a period of fourteen days or until the dog could be offered up for adoption. If after that period of time the Dog Officer is unable to place the dog, have the Dog Officer contact one of the Springfield shelters to see if they could place the dog in a home, if all else fails, then unfortunately require the dog to be destroyed and disposed of. Dr. Smith seconded the discussion. (The motion was amended further down).
After further discussion, Dr. Smith said he is all in favor of putting the dog up for adoption. He noted he heard the Dog Officer state the dog is a nice dog and friendly and he felt an innocent dog should not be destroyed. Ms. Gohra and Mr. Brault agreed. Ms. Leboeuf said she would appeal the decision.
Mr. Goodrich said the town doesn’t have the resources to take in and care for all the animals that cannot be taken care of properly by their owners indefinitely. Mr. Goodrich noted M.G.L. Chapter 140 Section 157 is clear in limiting the towns’ abilities.
Mr. Harrison mentioned one of the possibilities he heard was to have the dog neutered. Ms. Leboeuf agreed the dog is trolling for sex, that’s exactly what he is trying to do. Mr. Harrison wondered if the Board would agree to having the dog neutered to see if that would alter the dogs’ behavior.
Mr. Goodrich wondered if Mr. Harrison was thinking of having the dog neutered and then returned to its current owner. Mr. Harrison responded possibly. Mr. Goodrich replied the only way he would agree to that is if the current owner would agree to have the dog enrolled in an obedience class. Ms. Leboeuf responded she has all the receipts from Camelot Kennels proving the dog did take obedience classes. Mr. Goodrich stated its clear something is not being done correctly and maybe the dog needs to go somewhere different. Mr. Brault said he feels if something were going to be done it should have been done prior to this and it’s too late now as the dog has bitten someone at his residence.
Ms. Leboeuf noted she has had her dog for six years. Mr. Brault said he has a German shepherd that he has had for seven years and it has never left his yard. Mr. Brault stated Ms. Leboeuf’s dog came onto his deck over a three foot high latched fence to get food from a trash bag because it was so hungry and bit Ms. Gohra who was putting out another trash bag. Mr. Brault said the dog was very skinny when the Dog Officer took the dog and while it has been at the dog pound it has fattened up and enjoys eating. Mr. Goodrich clarified he believes the Dog Officer will be able to place the dog.
Mr. Goodrich stated he doesn’t want to see the dog destroyed, but reiterated the town cannot take care of every animal not being cared for properly by its owner and felt there needs to be a time frame, and an ending result.
Mr. DeMaio said he could have the dog adopted out. Mr. DeMaio said he has contacted a pilot program and if necessary, they are willing to take the dog until a home is found for him. Mr. Goodrich acknowledged there is a ten day period for filing an appeal in Palmer District Court where nothing can be done with the dog during that time.
Mr. Goodrich amended his original motion, removing the portion of having the dog destroyed and replacing it with, if the dog isn’t placed or an appeal filed by the next Selectmen’s meeting scheduled for March 8th, the Board of Selectmen will readdress the issue. Dr. Smith seconded and it was so VOTED.
Mr. Harrison reiterated the dog will be retained in custody, allowing the ten days for an appeal on this decision to be filed with the Clerk Magistrate in Palmer District Court.
Ms. Neggers told Ms. Leboeuf she would receive a letter stating the vote of the Board of Selectmen.
Discussion of Upcoming Meetings and Budget Development Process:
Ms. Neggers explained extra meetings will need to be held by the Board to discuss the budget prior to the annual Town meeting scheduled for May 9, 2011.
Ms. Neggers noted there are some outstanding budget numbers that the town still needs to receive. Ms. Neggers said she believes there will be a shortfall, and the extra meetings will allow the potential shortfall to be identified and give it a range, as well as talk about the unknowns and the potential impacts. Ms. Neggers also suggested identifying priorities in the budget and sketch out an aggressive timetable for March and April in terms of decision making.
The warrants will be opened at the March 22nd meeting and on April 12th the Town meeting warrants will be finalized. Ms. Neggers said this will allow time for review by Town Counsel as she has to post the annual Town meeting warrant by April 29th and the special Town meeting warrant by April 22nd.
Ms. Neggers noted it’s very awkward timing having the Town meeting and Town elections so close to each other with new incumbents coming onboard, as town elections are scheduled for April 4th. Rescheduling Town elections to follow Town meeting would require a change in the bylaw.
It was agreed no decisions have to be made on the meeting schedule until the March 8th meeting.
Mr. Goodrich wondered if a joint meeting should be set up with the Finance Committee for March 8th to discuss priorities and to make sure there are no misunderstandings on where people are coming from. Dr. Smith wondered if the Selectmen would have their list of priorities identified by then. Ms. Neggers suggested adding a special meeting on March 15th for the Selectmen to really fine tune priorities, looking at what savings can be established and where, and to invite the Finance Committee in on March 22nd to share their first impressions of the budget, and then at a later date meet again with the Finance Committee to approve a final budget.
Mr. Goodrich suggested limiting the agenda for March 15th to that item only unless an emergency comes up.
Correspondence was read and completed.
In Other Business to Come Before the Board:
- Mr. Harrison explained the deadline for candidates to submit their nomination papers to get on the ballot for the town elections has passed. No one has taken out papers for the Cemetery Commission or the School Committee. However, write-ins on the ballot may be done if five people write in the same persons name and address, otherwise the Board of Selectmen will appoint someone to these positions if anyone is interested. Ms. Neggers noted these are very important positions and felt it was very sad the community couldn’t find enough candidates interested enough in participating in their own government.
Mr. Goodrich added he feels it’s a sign of the times, where the town will have to begin looking at finding a new balance between maintaining the voice of the voters through elected officials, yet find a way to streamline our government, possibly through the elimination of certain elected commissions and boards and bring government under a more streamlined management chain, which he noted will be a process in itself.
Mr. Goodrich gave this example; the Select Board would have an advisory committee for the Cemetery, but yet all of the cemetery decisions are ultimately made through the Select Board. What this would do is keep an elected board allowing the people to have a direct say over that board, yet it would streamline and allow a flow of management and a flow of direction, moving towards a Department of Public Works, where you have people who are use to that type of work, such as roadwork, lawn maintenance, etc., all under one roof with a streamline management, with one building of equipment instead of three, and with accountability.
Mr. Goodrich added we are clearly getting to a point in time where people don’t have the time, resources or energy to devote to these volunteer positions, and the town will end up suffering on the ability to manage.
At 7:50 p.m., Mr. Goodrich made a motion to adjourn from opens session to go into executive session to discuss M.G.L. Chapter 30A Section 21 #2 non-union personnel contractual strategy and negotiations, not to return to open session. Dr. Smith seconded and it was so VOTED.
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Dr. Richard M. Smith, Clerk
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