Selectmens Minutes 05/14/2019
Board of Selectmen May 14, 2019
Chairman Joseph Pacheco called the open meeting to order at 5:18 p.m. in the meeting room at Veterans’ Memorial Town Hall, 558 South Main Street. In addition to Chairman Joseph Pacheco, Selectman Patricia Riley was in attendance. Selectman Marie Smith joined the meeting later.
Ms. Riley led the Board in the Pledge of Allegiance and Mr. Pacheco informed everyone that the meeting is being recorded live by RayCAM.
Acceptance of the Minutes
Ms. Riley made a motion to accept the minutes of the May 7, 2019 meeting as printed. Mr. Pacheco seconded and it was so voted.
Public Hearing – Dangerous Dog Hearing Continued from Last Week
Mr. Pacheco called the Public Hearing to order at 5:15 p.m., stating that “This is a dangerous dog hearing, owner Matthew Keith of 398 Plymouth Street, Bridgewater, MA. Pursuant to M.G.L. Ch. 140, Sec. 157,
the Board of Selectmen will hold a public hearing regarding the disposition of your dog on Tuesday, May 14, 2019, at 5:15 p.m. at Raynham Town Hall, 558 South Main Street, Raynham, MA. The hearing will address
the incident that occurred on April 18, 2019, as detailed in the attached police report. If your dog is deemed dangerous, the consequences could be serious for the dog. Therefore, you must attend, and you may also have a representative present if you wish.” Mr. Adam Perry, Animal Control Officer, was present to submit his recommendation to the Board. He read from M.G. L.C. 146 and 157 as follows: “The hearing authority shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall, if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog or deem the dog a dangerous dog. If the hearing authority deems the dog a dangerous dog, the hearing authority shall order one or more of the following (options).” Mr. Perry continued, “I put on my recommendation, #2, that the dog be confined to the premises of the keeper of the dog and that confined shall mean securely confined indoors or confined outdoors in a securely enclosed locked kennel or pen or a dog run area on the premises of the owner or keeper; provided further, that such pen or dog run shall have the sides embedded in the ground not less than two feet, and a secure roof and proper shelter from the elements shall be provided.” He continued, “And when removed from the premises of the present keeper of the dog, the dog shall be securely and humanely muzzled and restrained with a chain or a tethering device having a minimum tensile strength of 300 lbs. and not exceeding 3 feet in length.” Mr. Perry further noted that “No order shall be issued directing that a dog deemed dangerous shall be removed from the town or city where the owner of the dog resides. No city or town shall regulate dogs in a manner that is specific to breed. If the owner or keeper or the dog is in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by law enforcement.” Mr. Perry concluded, “That is my recommendation. The dog hasn’t bitten anybody else.” Ms. Riley asked if the dog had his rabies shot. Mr. Perry replied that he has and he has been licensed. Mr. Keith was present to address the Board. Mr. Pacheco asked, “Did you receive correspondence from this office relative to the dog bite?” Mr. Keith replied, “The reason I wasn’t here last week was it got sent to the wrong address and I never got it.” Mr. Pacheco asked Mr. Keith if he had any information that he wanted to offer the Board. He replied, “I already have a muzzle. We’re moving to Raynham and I am going to fence in an area, It will have a covering and all that. I don’t know what set him off, maybe the cane he had. I didn’t see it happen.” Ms. Riley asked Mr. Keith, “Do you think that you can comply with those regulations? You obviously love your dog and want to keep him safe and also those he comes in contact with.” Mr. Keith said, “Yes, everything should work out.” Mr. Pacheco said, “You indicated the dog is now licensed in Bridgewater and the expectation is when you relocate to Raynham, you license him in Raynham. Can you speak to why the dog hasn’t been licensed in a number of years?” Mr. Keith said, “I’m the new owner.” Mr. Pacheco said, “So, can you explain the fact that he had been licensed under your name a couple of years back?” Mr. Keith replied, “My aunt was the owner. “ Mr. Pacheco replied, “So your aunt just put the dog under your name?” Mr. Keith replied, “She had a lot of dogs in one house and I had to get out of there. There were too many dogs. I changed all that to my name now.” Mr. Pacheco asked, “When you’re talking about an enclosure for the dog, are you doing a pen?” Mr. Keith replied, “I’m doing a pen attached to the house and it will have a doggie door to be able to go in and out of the house or something like that.” Mr. Pacheco asked, “When are you planning to move to Raynham?” Mr. Keith replied that it would be in about a month. Mr. Pacheco asked, “So you are looking to be in by the end of June?” Mr. Keith said, “Yes, something like that.” Mr. Pacheco replied, “So if this Board votes that within 30 days of the closing or execution of a legal document regarding your residency this will be completed, you can comply with that?” Mr. Keith replied, “I’ll do it the day of.” Mr. Pacheco said, “We try to be reasonable, but, to be
honest, I have my concerns about this whole thing. It doesn’t sit well with me. So, if we order something you can be confident that we will investigate it, and if you don’t comply, you can be confident that we will call you back in.” Ms. Riley made the motion that the dog is deemed dangerous and that 30 days following the execution of a legal document regarding residency, the Town will do an inspection of the premises and that the dog must be under Mr. Keith’s control at all times.” Mr. Pacheco seconded the motion and noted that it would include unannounced inspections. Mrs. Smith abstained because she was not present for the entire hearing. It was so voted. Before closing the hearing, Mr. Pacheco addressed Mr. Keith, stating, “You will have to keep the dog penned up. You have to license the dog in the Town of Raynham, and you have to keep the dog up to date on all shots or you will have to come back here for noncompliance.” He then closed the hearing at 5:31 p.m.
Town Administrator’s Report
Interim Town Administrator Gordon Luciano then reviewed his report. He reminded everyone that the Annual Town Meeting is set for Monday, May 20th at 7:00 p.m. at the Raynham Middle School. The warrant has been posted on the town website. The Special Town Meeting will also be held on May 20th at 6:45 p.m. at the Raynham Middle School prior to the Annual Town Meeting.
Regarding the Southeastern Regional Services Group, Mr. Luciano stated, “In correspondence are the bid awards for paper for a one-year term and office supplies for a two-year term resulting in significant cost savings over regular posted prices. I recommend that the Board approve the bid documents.” Ms. Riley made a motion to approve, Mrs. Smith seconded, and Mr. Pacheco made it unanimous.
Regarding the Raynham Public Safety Building project, Mr. Luciano stated, “In correspondence is the proposed contract for design services for the building. Town Counsel has reviewed and approved the language in the contract. I recommend that the Board approve Phase One consisting of the existing building and building site analysis, feasibility study, schematic design, and preliminary cost estimate for a total dollar amount of $98,345.” Mr. Pacheco explained that at a previous meeting, it was voted to approve the project phase by phase. Ms. Riley made a motion to approve the recommendation, Mrs. Smith seconded and Mr. Pacheco made it unanimous.
Upcoming Meetings
In his report, Mr. Luciano also noted that the next Selectmen’s meeting will be Tuesday, May 21st at 7:00 p.m. at Town Hall. An Executive Session will be held prior to the meeting under M.G.L.C. 30A, Section 21, at 6:00 p.m. Union negotiations are ongoing with the Sewer and Highway unions. The next Government Study Committee meeting will be held on Wednesday, May 22nd at 6:30 p.m. at South School.
Selectmen’s Report
Mrs. Smith apologized for arriving late for the meeting.
Ms. Riley encouraged everyone to attend the Annual Town Meeting and reminded everyone that the Raynham Fire Department’s Fishing Derby will be held this Saturday at Johnson’s Pond.
Adjournment
At 5:35 p.m., Ms. Riley made a motion to adjourn the open meeting for the performance of administrative duties, signing of Bills and Warrants, and to enter into Executive Session under M.G.L.C.30A, Section 21, for the purpose of discussing strategy with respect to collective bargaining with the Sewer Department employees union and the Highway Department employees union if an open meeting may have a detrimental effect on the bargaining position of the public body and also to conduct two grievance hearings filed by the OPEIU with no business to be conducted after the Executive Session. Mrs. Smith seconded the motion and Mr. Pacheco made it unanimous.
Respectfully submitted,
Janet Murphy
Recording Secretary