ACAB Meeting Minutes
Animal Control Advisory Board (ACAB)
Sterling Police Department, 135 Leominster Road
Sterling, MA 01564
Meeting Minutes – August 22, 2023
Chairwoman Terry Sadler called the meeting to order at 6:33 PM.
Roll Call: Elaine Armstrong, Anne Marie Catalano, Edee McNamara, Cindy Miller, Terry Sadler,
Fran Simonds (7:45), Kelly Jones (Animal Control Officer)*, Emma Massa (Animal Inspector)*,
Marion Larson (Recording Secretary)*
*- Not Board Members
Absent: Jill Mongeau Gaines
Other Attendees: None
ACCEPTANCE OF MEETING MINUTES
Chairwoman Sadler called for review and approval of meeting minutes from July 18, 2023 meeting. Minor amendments made by members. Motion to accept minutes as amended made by Miller, seconded by Catalano. Passed unanimously.
ACO Reports:
Dog licensing – Year to date:
1373 licensed dogs
244 known unlicensed dogs
2 pending court cases
Domestic and Wildlife Reports – 32 calls involving 40 domestic animals, 27 wildlife calls involving 30 animals. Concern about frequent bear sightings along rail trail.
Motion to accept July reports made by McNamara, seconded by Miller. Unanimously passed.
OLD BUSINESS:
Jablonsky, 15 School Street: No update on discrimination complaint. Court case is set for December. ACO Jones was verbally informed by John Rousseau of that address that they now have only four dogs.
Vintage Meadows, 72 Flanagan Hill Rd: At arraignment, the Macduff’s plea of not guilty to four charges was entered. District attorney asked that owners Michael and Megan Macduff be prevented from keeping any animals, but after conferring, three horses of their own allowed to be kept. No other animals to be taken in or cared for by owners. Because one owner is living in Berlin, ACO Jones has been in touch with Berlin ACO to ensure compliance. A pre-trial hearing is set for September 28, 2023.
Dog Licensing Deadline Change: ACO checked with 10 other towns in the area to ascertain what deadlines were set for licensing. Of those towns, only three had license dates later than Sterling’s date of April 15. Leominster 5/1; Worcester 5/31 and West Boylston 6/30. Current bylaw would need to be changed to reflect a different date. Consensus of Board was to await a formal request from the Town Clerk and invite her to discuss this at a future ACAB monthly meeting.
CMDART Events: Presentation on Emergency Pet Preparedness on July 27 by CMDART and ACO Jones was attended by 6 people. The following day CMDART was featured at the Senior Center Breakfast. Edee McNamara attended as ACO Jones was unavailable. About 30 -35 people present and information was distributed to attendees.
Fall Rabies Clinic: As mentioned in last meeting, date is Saturday, October 28, 2023. Same procedures will be followed for the set up. One entrance, one exit. The price for vaccines has changed and is now $15. Cash only accepted.
Citation Payment Collections: ACO Jones reported that Tax Collector was agreeable to take on Citation Payment Collections, but needed to check with Town Administrator. Jones recently learned that Town Administrator said that the Town Clerk will continue to collect the citation fees.
Animal Control Bylaw Regarding 7 Day Hold for Animals: ACO Jones reported that there is no need to change the bylaw as the 7-day hold was already in the current bylaw.
NEW BUSINESS:
New Red Cross Shelter Policy Change: The American Red Cross has recently changed its policy regarding taking animals in to emergency shelters. All emergeny shelters must now take in animals, a shift from where there were designated shelters where owners could shelter with their animals.
CMDART MOU: ACO Jones reported that CMDART does not have an MOU with Town of Sterling in their file. Catalano said that an MOU was signed several years ago is filed with Jim Emberton, Sterling Fire Department and emergency contact. ACO Jones will follow up with FD and CMDART.
Sterling Fair: Because ACO Jones and others are unavailable during the Fair’s duration and will not be participating at a booth with CMDART.
Gorfinkle/Lambert, 1 North Cove Road: Discussion regarding Gorfinkle/Lambert incident involving Mongeau Gaines dogs on their property and harassing livestock and poultry. Focus of discussion was twofold—1) procedural questions and concerns, 2) a communication received today from Jill Mongeau Gaines to Board members and Select Board.
1) Procedural questions and concerns - Catalano asked if the meeting of the parties at the July meeting was a hearing as a draft letter sent to members sounded like a hearing was held. Chair Sadler said this was a discussion/ appointment, similar to past instances when both parties are asked to come in and discuss the situation with a goal of some resolution that precludes the need for a hearing. Sadler noted the meeting agenda for the discussion was listed as an appointment not a hearing as the complainants had asked to be put on the Board agenda. Because Gorfinkle and Lambert asked to be on the Board’s agenda and ACO Jones was on vacation, Chair Sadler went to the Town Clerk to change the agenda notice in order to stay in compliance with Open Meeting law posting requirements which was duly changed and posted within the time needed. Complainants were notified on the day of the meeting that they were on the agenda though it was not clear they would be able to attend. Mongeau Gaines was unaware of the agenda change and that the incident would be discussed until she arrived at the meeting. (See July 18, 2023 minutes.) Catalano asked why a letter was being sent to the complainants and Mongeau Gaines. Sadler and others explained that this is what has been done in the past regardless of whether the situation involved a discussion or a public hearing. ACO Jones noted that it is important to provide a response to all parties as that is the role of the ACAB. Jones suggested that going forward letters should be signed by the Chair of the Board as it is the Board which is making the recommendations to mitigate or prevent future incidents. Catalano and other members suggested a somewhat softer tone for this letter and made some other edits to the draft letter that is to be sent to all parties involved. Due to a communication received today by Board members from Mongeau Gaines, Board members agreed the letter would not be sent out until there was some communication from the Select Board about Mongeau Gaines concerns.
Motion made by Simonds and seconded by McNamara that working with the Chair the Recording Secretary draft letters of ACAB actions relating to animal control complaints. Unanimously passed.
2) Communication from Mongeau Gaines - A letter dated today, August 22, 2023 sent from Mongeau Gaines to the ACAB and Select Board that stated the ACAB is not following animal control complaints as outlined in the town’s bylaws. (See attached communication.) Citing specific town bylaws, Mongeau Gaines listed lack of notification as an offender, inadequate documentation and failure to adequately evaluate the incident. She has asked for the Selectboard to conduct an investigation and take appropriate actions to rectify any violations.
Discussion ensued.
Sadler noted that at the last meeting, she had acknowledged and apologized to Mongeau Gaines for failing to notify her ahead of the meeting. The following day, July 19, per request of Mongeau Gaines, chair Sadler sent a draft of letter being developed that would be going to all parties after review and approval at this evening’s meeting. As Sadler was looking through her phone for the relevant communications chronology, she discovered Mongeau Gaines had received the communication but noted she was unable to open the file. ACO Jones reported that on July 19 she had received a text from Mongeau Gaines requesting various documents or log information. Jones sent the relevant log information to Mongeau Gaines via email on July 20.
Sadler again reiterated that the discussion was just that, and not a hearing. Her biggest concern was learning one of JMG’s dogs was still officially in quarantine status, not off property or out of handler’s control when the July 4 incident on Lakeshore Drive occurred. (see July meeting minutes).
Next Meeting Date: The next ACAB meeting is scheduled for Tuesday, October 3, 2023 at 6:30 PM at the Sterling Police Department meeting room. Larson reminded Board she would not be available and that someone else will need to take minutes at the October meeting.
Adjourn: McNamara made a motion to adjourn, Catalano seconded the motion. All voted in favor. Meeting adjourned 8:27 PM.
Submitted by Marion Larson, Recording Secretary