BOARD OF SELECTMEN
TUESDAY, AUGUST 26, 2014
The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the conference room at 29 Thompson Street. In attendance were Edward S. Harrison, Dr. Richard M. Smith, and John R. Morrell. Also present were Town Administrator Evan Brassard and the media.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Dr. Smith made a motion to accept the meeting minutes of August 12, 2014 – open and executive sessions. Mr. Morrell seconded and it was unanimously VOTED.
Spruce Tree at Civil War Monument Discussion:
Jeremy Bedson approached the Board and said Northern Tree has offered to replace the tree at the Civil War Monument on Academy Hill on the common in front of the library. Over the last several years the tree has been getting so big, the Tree Lighting Committee has had trouble decorating it, and Mr. Bedson added it looks like the tree is starting to die on its north side, leaving a big hole where no lights can be assembled on it.
Mr. Morrell said his department received a big cheer in 2011 when they saved that tree after the tornado. Mr. Morrell said it’s a shame to see it go, but agreed the tree is getting big. Mr. Morrell reiterated Northern Tree has agreed to come and remove the tree, and plant a new much smaller tree to start all over again in the same area, free of charge. The smaller tree will allow it to be decorated from the ground, if this agreed upon. Mr. Morrell said Northern Tree has agreed to donate everything from the removal of the current tree to purchasing a new tree and planting it.
Mr. Harrison said he received a telephone call just before coming to tonight’s meeting from Dennis Swierad who is Chairman of the Monson Historical Commission. Mr. Swierad told Mr. Harrison he doesn’t want another tree planted on the Civil War common. Mr. Swierad would instead like to see a new tree planted closer to the new Town Office Building/Police Station, to try to protect the Civil War monument. Mr. Harrison agreed right now the monument is obscured by the tree and feels it takes away from the monuments presence and meaning of it.
Mr. Bedson said the Holiday Lights Committee would be willing to look into an artificial tree that is just placed there for the Christmas season.
Mr. Harrison replied Mr. Swierad’s recommendation was to not have a tree there at all and to have it relocated someplace else on town property, and noted Mr. Swierad was unable to attend tonight’s meeting.
Mr. Brassard explained the tree couldn’t be located at the new town offices for two reasons. One is there is already a planting plan in place, and second because it’s part of the contract and what’s planned are all deciduous trees, therefore a tree such as this wouldn’t fit in.
Mr. Morrell said another option would be to cut an 8 or 9 foot Christmas tree from somewhere and put it up where this one is located on the common for the three weeks or whatever, and then when the Christmas season is over, take the whole thing down.
Dr. Smith wondered if there is any room by the gazebo.
Mr. Brassard said there has been a discussion of maybe planting another tree at Memorial Hall in the corner where the large tree was, but this would require another discussion as there are already trees at Memorial Hall that are causing issues. Mr. Harrison added planting a tree at Memorial Hall would be the same as planting one at the Civil War Memorial since Memorial Hall is dedicated to all the veterans.
Mr. Brassard noted the location at the Civil War monument was a good location since it was isolated there.
Dr. Smith said the residents are used to seeing it there also. They both agreed there is some tradition with having the tree decorated there as well.
Mr. Morrell said you can see the tree from way down by Mill Street, and that it looks nice there.
Mr. Harrison said he would like to take a little bit of time, until the next meeting of the Selectmen, to mull this over, and to see what the alternatives might be.
Mr. Bedson also said he would like to have permission to contact an electrical contractor to replace the wiring on the poles from Monson Savings Bank to the top of Academy Hill that was lost in the tornado and never replaced. Cable was purchased for the replacement, thinking the Tree Lighting Committee could replace it themselves, but now the Fire Department bucket truck is gone. Mr. Bedson noted Payne Gang has offered to volunteer the use their bucket truck to put the lights up on the poles.
Mr. Brassard said we would need quotes for this so we know how much it’s going to cost, and questioned since the poles are owned by National Grid, would we need to get permission from them? Mr. Brassard said the local National Grid office will need to be contacted and asked about this.
Dog Hearing:
Mr. Harrison formally opened the dog hearing. Chief Kozloski read the police reports into the record. Mr. Harrison explained Ms. Christine Heath who is the complainant will have an opportunity to speak; followed by Mr. Ernest Lally who is the owner of the dog.
Mr. Harrison swore all the parties testifying in which consisted of Animal Control Officer Wendy LeSage, Chief Kozloski, Ms. Heath and Mr. Lally, and went over all the ground rules.
Chief Kozloski explained this is an incident which occurred on Sunday, August 3, 2014, at about 1:00 in the afternoon. At that time, a call was received by the dispatch from Ms. Heath who reported she observed a dark chocolate brown pit bull in her yard, and her dog was down on the ground. There was a white dog also that was just standing there. Ms. Heath was concerned her dog was injured by the dark brown dog. A police car was dispatched to the residence and the Animal Control Officer was notified of the incident. About seven minutes later Ms. Heath called the dispatcher back to say the dog she originally saw returned back to her property and attacked her dog again. The officer stated Ms. Heath’s dog was still tied to a leash upon her arrival and was lying on the ground. The dog’s neck was very
wet and it was breathing, but unable to move. Ms. Heath left to bring her dog to the Boston Road Animal Hospital. The officer spoke with the owner of the pit bull who was identified as Ernest Lally. Mr. Lally indicated he was at that point still looking for his dog in the neighborhood. Mr. Lally said his dog escaped from the house door that was left open a few inches and indicated this is the first time his dog was aggressive in any way. The dog was located and restrained and the Animal Control Officer requested holding the pit bull mix for ten days since it wasn’t up to date on its immunizations, which Mr. Lally agreed to.
Chief Kozloski said later that evening at about 10:00p.m., Ms. Heath called the Police station to provide an update on the condition of her dog indicating her dog was admitted for surgery for a fractured jaw, puncture wounds around the neck, and a dislocated or fractured hip.
Ms. Heath approached the Board of Selectmen and read her letter addressed to the Board documenting the events that occurred, into the record, as attached.
Animal Control Officer Wendy LeSage approached the Board of Selectmen and noted Mr. Lally owns the white dog as well which is also a pit bull type of dog, but the white dog didn’t seem to be involved in the incident, and Ms. LeSage said she doesn’t believe that dog is dangerous as he could have very easily jumped in, and chose not to.
Ms. LeSage said there have been a few neighbors who after this incident have stated the dogs were loose on a number of occasions.
Chief Kozloski said the Police Department had no prior incidents on record.
Ms. LeSage said Ms. Heath’s dog was on a leash. She has spoken to Mr. Lally about fencing his yard in now and feels the dog is dangerous. Ms. LeSage said she didn’t think Lexie (the dark brown dog) would attack a human, but felt she would if a human were to get between her and the dog she was after. Ms. LeSage added after spending time with the dog while in her care at the dog pound, observed the dog is fearful of humans.
Mr. Lally approached the Board of Selectmen and said on that Sunday afternoon, he was outside doing yard work and working on his pick-up truck and when he was finished with that he remembered his grandmother telling him that morning that the sliding screen door wasn’t sliding properly and he took the door off and noticed the rollers were ruined and worn out, so he put it to the side. He and his fiancé went inside to eat lunch and the door must have been left ajar a few inches. After they finished with lunch he went back outside to continue working and they saw both dogs take off from the house. They immediately went after them. When he found his dog, it was at Ms. Heath’s residence and her dog was lying there. Mr. Lally said this is the first time his dog has ever showed aggression toward
anything.
Mr. Lally said he did pay all the vet bills totaling $6,150.00, and he noted his dogs are now licensed and up to date on their shots.
Mr. Lally said he was in the moment of sadness and shock over what happened when he said to euthanize his dog.
Mr. Lally said right now he is taking every precaution there is to make sure this doesn’t happen again. After paying the vet bills for Ms. Heath’s dog, money is tight for fencing. Mr. Lally said his intent is to retain ownership of the dog and to find training for her so she will listen better.
Mr. Morrell said the first thing he needs to do is to train the dog to stay in its own yard and what happened is really bad and felt no one could guarantee it won’t happen to a human being next time or a small child.
Mr. Harrison added nothing would have happened if his dog had been properly restrained. Mr. Lally said he understands this.
Mr. Harrison asked Mr. Lally what he is going to do going forward to make sure this doesn’t happen again, with some sort of restraint system, for example a fence, etc.
Mr. Lally responded he would like to take every precaution the Board allows him to take to make sure this never happens again. Mr. Lally said after paying all of the bills and fines, he needs to save up the funds again so he will be able to buy the fencing for his yard so this will never happen again.
Mr. Harrison said he felt the fencing would be the best way to make sure the dog couldn’t slip out of the house, as it would provide another barrier.
Mr. Morrell felt the dog should be removed from Mr. Lally’s ownership and find another place for the dog to live out of Monson.
Ms. LeSage said the Town can’t do that because if Monson says to find another home outside of the town and it attacks someone else, Monson will be liable.
Mr. Morrell said in that case he felt we have to euthanize the dog.
The fiancé of Mr. Lally approached the Board of Selectmen and was sworn in by Mr. Harrison. She stated she has an 8 year old daughter who plays with this dog on a regular basis, so she knows for a fact the dog will not go after a child. Her daughter is around the dog all the time. The dog sleeps with her child at night and her daughter absolutely adores this dog. She has also had her one year old and four year old nephews around this dog with no problems or incidents. She said the fencing will take a little while to do, but they will do it, to take the precaution to keep this dog safe as well as everybody in the neighborhood. She stated she didn’t feel it was fair to just have the dog euthanized when they are willing to put the dog in training and fence in the yard and to take every precaution and
every step the Board asks them to do to make sure the dog can’t get away and can’t get out. She noted she has a friend who has a kennel that she can get on loan until they are able to purchase the fencing.
Dr. Smith said he understands both sides and he has to rely on the Animal Control Officer since she is the expert and works for the Board of Selectmen. Dr. Smith said his opinion is you can’t adequately contain the dog so this can never happen again and he would say to euthanize it. However he is willing to reconsider his decision if they take every precaution necessary with the training and the fencing, etc. to put this decision off.
Mr. Lally’s fiancé stated this is the dog’s first offense.
Dr. Smith responded this is the first reported offense, as some of the neighbors said there have been other incidents.
Mr. Lally said the dog is walked on a leash every day and is never loose.
Dr. Smith said historically the Board does ask that precautions be taken so this doesn’t happen again, and given that set of standards he would continue with that, as long as they were guaranteeing it.
Dr. Smith said he is concerned of it happening again, as it doesn’t matter to him what started the incident, his dog was loose and seen attacking the other dog which was motionless both times.
Dr. Smith reiterated at this point he would be in favor of just ensuring the dog is being contained. If the dog is found loose again, then he would have it euthanized.
Mr. Harrison explained to Mr. Lally he has to basically construct a fence around his house that would prevent the animal from getting loose.
Animal Control Officer Wendy LeSage reproached the Board of Selectmen and said because this hearing was held; on October 31, 2012 the M.G. L. Chapter 140 Section 157 was changed to state if there is a dangerous dog hearing request, then the dog has to be either deemed dangerous or not. If the dog is deemed dangerous there is a list of seven conditions that they may, or may not, call for.
Mr. Brassard stated he has a copy of this list.
Ms. LeSage said if the dog is deemed dangerous and it gets out again, it will be euthanized.
Mr. Morrell asked Ms. LeSage, if the Board could order Mr. Lally to keep his dog inside his house until such time some type of enclosure is built to keep the dog on his property, and have Ms. LeSage follow up when he says it’s finished to inspect it and make sure she is satisfied this will contain the dog on his property.
Ms. LeSage said sure, and she could even set a time frame as to what’s reasonable for Mr. Lally. Ms. LeSage did agree the dog needs to come out of the house to go to the bathroom and can be on a leash.
Dr. Smith made a motion to adopt the Animal Control Officer’s recommendation, deem the dog dangerous, and put the stated stipulations on the owners. Mr. Harrison read the restrictions into the record: the dog must never be unrestrained, the use of a correctly fitted wire basket muzzle must be worn whenever outside or off the keepers property, the dog be hand walked while muzzled by a competent adult on a leash no longer than 3 feet in length with a 310 pound tensile strength. Outside on the property the dog must be confined in a secure enclosed and locked pen with a secure roof, and if such enclosure has no floor securing to the sides thereof the sides shall be embedded into the ground no less than two feet, and that within two weeks the dog be enrolled in an ongoing behavior modification training
program specifically designed to address problem dogs with aggression issues. Basic classes such as those at Petco and PetSmart don’t fit these requirements. Mr. Morrell seconded and it was unanimously VOTED.
When asked by Ms. LeSage about the time frame on the fencing, Mr. Lally responded his reasonable time would be at least 60 days.
Mr. Harrison and Dr. Smith felt that 60 days was too long. Dr. Smith said he understands the financial constraints and applauded his financial responsibility in covering the expenses but the dog is a risk.
The Board of Selectmen agreed upon 30 days for the time frame on the fencing, and in the meantime the dog must be restrained.
Mr. Harrison declared this hearing closed.
Animal Control Agreement:
Chief Kozloski approached the Board of Selectmen and reiterated at the last meeting the Board wanted more time to look over the proposal for the Inter-municipal Agreement on the Animal Control Officer, and reiterated this process for any new listeners.
Dr. Smith said he read it, and it looks good to him and stated it seems fair, and he is in favor of adopting it. Mr. Harrison and Mr. Morrell also agreed on this.
Dr. Smith made a motion to approve the Animal Control Officer agreement with the Town of Palmer. Mr. Morrell seconded and it was unanimously VOTED.
Salary and Classification:
Mr. Brassard explained at the Annual Town Meeting there was an article regarding the Town’s pursuit of a salary classification study, which would allow the town to effectively bargain with the unions, and also analyze job descriptions to make sure everything is within the scope that it is supposed to be. The appropriation of $12,500 was passed, and the stipulation on this was that the previous year it had been on the warrant with an appropriation for $22,000 and it failed. The Board of Selectmen in showing how serious they were to have this study done, this time offered to put up $10,000 of the $22,000 from the Gifts to the Town Account, and it passed.
Since that Town meeting Mr. Brassard said he has been exploring different options and different methods of study, as well as different companies to go with. Mr. Brassard said he found two firms that were viable candidates; one came in at $18,000 and the other came in at $12,000; in reviewing the scope of work, the scope is similar. They will be analyzing position responsibilities and requirements, revising and updating the uniform position descriptions, and do a comprehensive labor study which is basically looking at towns that are the same size as Monson with the same budget to see what they are paying their personnel. They will also develop a classification plan for us as well as a compensation plan, and they will help us to determine our internal capacity to make sure we don’t go past a certain
amount of time, for example the last time a study was done was fourteen years ago. If required they will prepare a Fiscal impact analysis of the study and they will also do a FLSA review which is a Fair Labor Standard Act review of exempt, non-exempt study. Three references were received from other communities and Mr. Brassard reached out to their Town Managers/HR person and they all came back and said this is a wonderful company to work with and they were all more than satisfied with the plans they received.
Mr. Brassard said he had Town Counsel review the arrangement and contract with Human Resource Services and our Counsel made some changes. Human Resource Services have agreed to those changes. The study is about a six month process and will begin in September.
Mr. Brassard noted it’s up to the Board of Selectmen’s discretion to go with the plan developed, as well as the collective bargaining process.
Mr. Brassard said a representative from this firm will do an orientation meeting coming to our town to meet with all of us and explain the process and answer any questions.
Dr. Smith made a motion to have Human Resource Services Inc. perform our Salary Classification study. Mr. Morrell seconded and it was unanimously VOTED.
Monson Council on Aging Lease:
This is being tabled until the next meeting.
In Other Business to Come Before the Board:
Mr. Morrell said he would like to have the Board think about possibly changing the date of the Annual Town Election back to the first Monday in April, rather than as it currently is, in June.
Mr. Morrell explained currently the Annual Town Election is after the Annual Town Meeting, and any elected town official has absolutely no opportunity to have any say on any impacts for that Fiscal year on their budgets, that they will be in charge of.
Dr. Smith said the reason this was switched was because when the new person came in, they came in in the middle of the budget process, like he did and he was lost. So they thought it would be better to have the whole process done, and then the new person comes in when things are a little bit slower to kind of get their feet wet.
Mr. Morrell said about 90% of the towns hold their Annual Elections in April and felt having some say in the budget was better than no say at all for that Fiscal year. Mr. Morrell said there are pros and cons to both ideas.
Mr. Harrison said he is inclined to agree with Dr. Smith, that it’s best to have as much expertise going into the Annual Town meeting as possible.
Dr. Smith explained it’s ultimately the Finance Committee who decides the budget, so whoever is elected to a position would most likely end up with the budget that’s presented to them no matter what.
Mr. Harrison said the Board would mull it over and speak with Mr. Brassard and Finance Director Deborah Mahar about it to see what they have to say.
Correspondence was read and completed.
At 8:24 p.m., Dr. Smith made a motion to adjourn from open session to go into executive session to discuss with respect to collective bargaining or litigation – pursuant to M.G.L. c.30A Sec.21(3), not to return to open session. Mr. Morrell seconded and it was unanimously VOTED.
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John R. Morrell, Clerk
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