Meeting called to order at 6:00 P.M. at Town Hall.
Present Elizabeth A. Gorski and William H. Darke, Chairman
Whittier Representative
The Board had invited Groveland’s newly appointed Whittier rep, Mary Clisbee, to meet with them. Mary told the Board her background is in education and she wanted to give back to her community by volunteering to fill the position when Clement O’Malley stepped down. The Board and Mary briefly discussed the City of Haverhill’s meetings with all town representatives; that some believe Whittier is administrative heavy; that some of the town’s residents had previously expressed concern about the process for admitting students; that the cost to Groveland has doubled in six years and the schools need to keep in mind that that town’s are governed by the restraints of Propostion 2-1/2 and that overrides have been needed in order to pay these large increases. Finance Director
Labrecque told Clisbee that most of the school budget is salaries and benefits which can be controlled by the school committee. The parties also spoke of their concern for the children who aren’t eligible for college and don’t qualify or want to be trained in a trade; that years ago the schools offered programs for these students, now there’s nothing for them which leads to them dropping out.
The Board thanked Mary for volunteering to fill the position and for taking the time to meet with them and asked that she meet with them periodically to keep them informed.
6:15 P.M. Nuisance/Vicious Dog Hearing
Present at hearing: Selectmen Gorski and Darke, Administrative Assistant Nancy Lewandowski, Animal Control Officer Kim York, Assistant ACO Jennifer Tassinari, residents Frank and Linda Bolla, Derek Reed, and Theodore Gray the owner of lab/shepherd known as Ludwig. ACO York administered the swearing in of Gray, the Bollas and Reeds.
ACO York informed the Board that Theodore and Cynthia Gray own two dogs; that only their lab/shepherd mix, Ludwig, is the cause for this hearing. York reported that Ludwig caused minor injury to pedestrian Denise Dwyer on July 21, 2005; that on November 11, 2005 Ludwig bit resident Virginia Lafauci causing a puncture and visit to the hospital; and that on October 3, 2006 Ludwig attacked two different dogs within a 24-hour period, one dog being leash walked by Bolla, and the other being leash walked by Ted Duffy. Mr. Duffy witnessed Ludwig, wearing his collar, run through the electric dog fence to leave his property, then run through again to return to the yard.
York reported that the Grays have been issued citations for violating the town’s bylaws and the most recent issued have not been paid; that the Grays still need to reimburse the injured dogs owners for veterinary costs for attending to the bites.
York told the Board she does not trust that Ludwig can be trained to stay within the confines of an electric fence; that she would not be willing to test him and recommended that the Board banish Ludwig from the Town of Groveland.
Linda Bolla stated she feels the Grays fence is too close to the street line and Mr. Gray stated that he has moved the fence further back into his yard. Gray reported that the dog’s collar has been set to #5, the highest setting.
Derek Reed, 17 Gardner Street and next door neighbor to the Grays informed the Board that he has talked with Gray and would like to see something significant happen at this hearing; that he has two children, ages 5 and 3 and his wife is expecting their third; that although his family has not been bothered by Ludwig he worries about the safety of his children when they are playing in their yard. Reed told the Board if Ludwig were his dog, Ludwig would be gone; that the owners are oblivious because they both leave home for work, the dogs are left outside and the owners have no idea how they are acting; that Ludwig acts differently when his owner is around.
Selectman Gorski expressed concern for the neighbors and people walking and stated she can’t see the dog staying in town. Gray responded that he feels the fence being moved back will help and told the Board he is even willing to muzzle Ludwig during the day. Gray stated that he feels some of the problem is that Ludwig isn’t even two years old yet and could respond to training, which he Gray would be willing to do to keep the dog; that he has had the dog off his leash playing Frisbee in front of large numbers of people and the dog does not bother anyone; that in his opinion the dog is not vicious.
York stated if the Board were to order Ludwig from town, the next town may not want him; that she would have to know where Gray is bringing him so that she can notify the proper authorities and find out if they are willing to allow the dog in.
Gray told the Board that he does not want the dog killed; that Ludwig is not vicious, he only nipped at the people or dogs he chased after; that Ludwig is not aggressive, he is territorial and believes he can be trained. Gray then stated he would be willing to move the dog to a relative in New Hampshire for a few months and that he and his wife will move from town in a couple of months; that his concern is his neighbors but he is not willing to put his dog down. York stated she does not have a problem with the dog being placed in NH for a few months until the Grays themselves are ready to move, provided, however, that NH is willing to allow Ludwig to be placed there. York told the Board that in the meantime Ludwig should not be outside without being on a 6 foot leash and with one of the Grays.
Gray again stated that his dogs had never been totally fenced in and
now the entire yard is fenced in; that he does not feel Ludwig is a liability; that he was 11 months old when he nipped. Chairman Darke told Gray that if he has a suitable place to take Ludwig to where he can’t interact with people passing by, he should. Gray told the Board that he will take Ludwig to Virginia if the town in NH won’t accept him.
Upon motion duly made by Gorski, seconded by Darke, it was unanimously
VOTED: To adopt the recommendation of Animal Control Officer Kim York
and Order Theodore and Cynthia Gray, owners of Lab\Shepherd dog Ludwig,
to remove the dog from the town of Groveland because it has been
determined that he (Ludwig) constitutes a nuisance to the community due to
his vicious disposition and the fact that he cannot be controlled when his
owners are not in his presence; that Mr. & Mrs. Gray are ordered to find an
appropriate keeper for Ludwig outside the Town of Groveland and must
notify the ACO within 5 days of the receipt of this Order as to where the dog
will be sent so that the ACO can notify the appropriate authorities in that
city\town of Ludwig’s banishment from Groveland and to see if they will
accept Ludwig; and that until such time Ludwig has been re-located he shall
be kept indoors and allowed outside only when being walked on a 6 foot
leash by one of the owners.
It was agreed that if the New Hampshire town Mr. Gray is interested in moving Ludwig to will not allow him there, the hearing will be re-opened. Mr. Gray asked where he can appeal the Board’s decision and was told the Haverhill District Court. The Board’s Assistant told him to wait until she has the Board’s Order served upon him, then take that to the Court to file for an appeal.
VOTED: To approve Warrants #07-18A, #07-19 and #07-20.
Minutes
Moved Gorski, seconded Darke, and it was
VOTED: To approve the Minutes of the meeting of
October 30, 2006, as presented.
Right of First Refusal-Groveland Commons Affordable Unit
Moved Gorski, seconded Darke, and it was
VOTED: To waive the Town’s right of first refusal on purchasing
#37 Groveland Commons from Kim Johnston.
A letter will be sent to CHAPA notifying them of the Board’s waiver of the town’s right to purchase said unit. The unit is deed restricted as an affordable unit for perpetuity and the Selectmen do not see a need to purchase the property due to deed restriction.
Finance Director
Finance Director Labrecque briefly discussed the small parcels of land that make up the town’s Open Space and suggested that small parcels should be auctioned to the abutters rather than put into Open Space. Chairman Darke asked that the Assessor’s Office Manager be asked for a copy of the list and then invite the Open Space Committee in to meet at a future Board meeting.
Labrecque also asked the Board to declare the old printers as surplus property so he can either find a buyer for them or dispose of them if no one is interested in purchasing them at minimal fees. Moved Gorski, seconded Darke, and it was
VOTED: To declare the old computer printers as surplus equipment
and authorize Labrecque to dispose of same.
Appointment of Firefighter
At the recommendation of the Board of Fire Engineers, and upon motion duly made by Gorski, seconded by Darke, it was
VOTED: To appoint Anthony Hashem to serve as a firefighter
on the Groveland Fire Department, said appointment
effective immediately through June 30, 2007.
Executive Session
Moved Gorski, seconded Darke, and it was unanimously
VOTED: To enter into Executive Session in accordance with the provisions
of MG L, Chapter 39, Section 23B (3), for the purpose of discussing
contract reconsideration request received from Teamsters representing
the Patrolman’s Union and Highway Department; and
to review and discuss a report on a complaint against a public official.
DARKE, GORSKI – “AYE”
Executive Session was entered at 7:45 P.M and closed at 8:20 P.M. The Minutes of the Executive Session are on file in a separate binder in the PersonNameBoard of Selectmen Assistant’s Office. The Board announced that they will return to open session only for the purpose of adjournment.
ADJOURNMENT
Selectmen returned to Open Session at 8:20 P.M. Moved Gorski, seconded Darke and it was
VOTED: To adjourn.
Adjourned at 8:21 P.M.
Respectfully submitted,
Nancy Lewandowski
Administrative Assistant
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