ACAB Meeting Minutes

Meeting date: 
Tuesday, July 18, 2023

Animal Control Advisory Board (ACAB)

Sterling Police Department, 135 Leominster Road

Sterling, MA 01564

Meeting Minutes – July 18, 2023

Chairwoman Terry Sadler called the meeting to order at 6:40 PM.

Roll Call:

Elaine Armstrong, Cindy Miller, Jill Mongeau Gaines, Terry Sadler, Fran Simonds, Kelly Jones (Animal Control Officer)*, Emma Massa (Animal Inspector)*, Marion Larson (Recording Secretary)*

*- Not Board Members

Absent: Anne Marie Catalano, Edee McNamara

Other Attendees: (7:15 discussion regarding dogs at large harassing livestock.)

Lauren Gorfinkle and Nathan Lambert, 1 North Cove Road

ACCEPTANCE OF MEETING MINUTES

Chairwoman Sadler called for review and approval of meeting minutes from June 12 meeting. Minor amendments made by members. Motion to accept minutes as amended made by Miller, seconded by Simonds. Passed unanimously.

OLD BUSINESS:

Jablonsky, 15 School Street – Court hearing on citation appeal with the Clinton Clerk Magistrate which has been continued to December. Discrimination case filed with federal government was turned over to the state. Town and Jones received a letter notification with request to respond to Jablonsky’s complaint. Jones has been working with Town Administrator and Town Counsel on response document. Final changes to be submitted to Town Counsel this week before sign off and submission to the state.

Vintage Meadows, Flanagan Hill Rd – Clerk magistrate hearing to issue complaint/warrants with the court magistrate on June 15 was a 3-hour session with attorneys present. Of 16 counts submitted, 4 charges regarding animal cruelty and neglect were allowed. Town has asked for transcript of hearing. Arraignment on charges to be July 14 but an appeal by the town is under consideration.

Dog Licensing Deadline Change: Motion to table discussion on this topic by Miller, seconded by Armstrong. Passed unanimously. Tabled at this time as the amount of time in court, licensing and enforcement issues and calls from public have reduced the time ACO needed to research this issue. To be addressed in next meeting’s agenda.

NEW BUSINESS:

Election of Chair and Vice Chair: Motion to elect Sadler as Chair of ACAB and Catalano as Vice Chair made by Miller, seconded by Armstrong. Passed unanimously.

ACO Reports:

Dog licensing – Year to date:

1,328 licensed dogs

288 known unlicensed dogs

2 pending court cases

Domestic and Wildlife Reports – 58 calls on domestic animals, 13 wildlife calls

Motion to accept June reports made by Miller, seconded by Simonds. Unanimously passed.

7:15 PM – 7:37 PM: Discussion regarding dogs at large harassing livestock on North Cove Rd on 7-4-23

Livestock (chickens and goats) owners Gorfinkle and Lambert (1 North Cove Rd) and dog owner Jill Mongeau Gaines, 62 Kendall Hill Rd.

Brief report from ACO Jones: On July 4, two loose dogs chasing chickens and baby goats on 1 North Cove Rd property in their woods were reported by landowners. Same dogs as seen in a similar incident last summer. Chair Sadler facilitated the conversation and asked questions of all parties.

Gorfinkle and Lambert Remarks: Noted that the discussion notice was given to them at 2 PM today and they made a big effort to re-arrange schedule to appear. Regarding July 4, 2 dogs were in their woods which are on their property abutting a Beach Road property. Noted that Mongeau Gaines was nearby and was actively trying to regain control of her two dogs, Hunter, an older coonhound and Zia a pit bull. Gorfinkles said chickens and goats fled further into the woods. Lambert asked Mongeau Gains for contact info, but he felt she was dismissive, to contact Animal Control for info. Gorfinkle noted that though Mongeau Gaines was able to quickly get to Hunter, though Zia was failing to come to her call.

By the following day, Lambert determined that two birds were missing, failing to return with others and are missing. His chickens are free-ranging most of the time. Lambert explained the goats are generally free ranging but under their supervision. At night, the goats are in a fenced (electric) area. They have recently purchased a livestock guardian dog (Great Pyrenees puppy) and are training it at this time. They don’t want more interactions with loose dogs, want to be a good neighbor but also want accountability and responsibility taken. Spoke of last summer’s incident, saying there were 10 birds missing or killed.

Regarding 2022 incident, ACO Jones noted owners last year only informed her 2 bird carcasses were found. Jones also noted that in conversation with last year, Mongeau Gaines offered to pay for the two known birds as compensation which was conveyed to owners. Owners

demurred at that time, wishing for good relations to be the goal. Birds were replaced and now more have to be replaced which does have an economic impact. Gorfinkle repeated her interest in compensation for birds.

Mongeau Gaines Remarks: Mongeau Gaines said she brings her dogs from Kendall Hill Road through the conservation property with the vista of the lake (off Tara Lane) and down towards the beach area. She lets them off leash in the conservation area. Dogs tend to disappear and then pop back out in sight. With more plant growth, it’s harder to keep track of them. She noted her dogs did take off in the general direction of North Cove, but thought the wooded area was not on part of the 1 North Cove property. Her main objective during the incident was to secure her dogs and get them off the property to prevent further harassment. She noted that while securing Hunter, goats and chickens were gathering all around her, dog and property owners. She did not see any birds or goats being physically attacked, incident may have been 5-10 minutes in length. At that time, she did offer to provide her contact information to Lambert as well as saying the Animal Control officer has her information. Mongeau Gaines admitted this incident was her fault. She said she would not bring the dogs to the conservation area off leash any more due to the fact that the dogs are alert to the nearby livestock. She may ultimately decide not to bring the dogs to that area.

Chair Sadler brought the discussion to a close. Explained the Board would discuss the matter further, come up with recommendations that will hopefully be satisfactory to all parties. A letter will be sent with those recommendations to all involved. If there are further questions or incidents, the ACO should be notified as Jones is at ACAB meetings and in contact with ACAB.

After attendees left, Mongeau Gaines stated that she was unaware that the incident was going to be discussed at this meeting until she arrived at the meeting. She felt blindsided and was not prepared to discuss this issue, saying she was not treated fairly. Sadler acknowledged the omission and apologized for the lack of notice to Mongeau Gaines and the complainants. Mongeau Gaines reiterated her points made earlier, understands their loss. She noted a recent negative Facebook posting by Gorfinkle about her position on ACAB.

Board Discussion: Mongeau Gaines left the meeting and the Board discussed the situation further. ACO Jones noted she has documented three incidents with Gorfinkle/Lambert. ACO Jones also noted there have been several incidents when Mongeau Gaines dogs have been at large at times and some were self-reported by Mongeau Gaines. (See March 7, 2023 ACAB minutes.) Hunter wears a GPS collar. Animal Inspector Massa reported that she had released one of Mongeau Gaines dogs, Hunter, from 45-day quarantine on Wednesday, July 12. Dog was in quarantine status due to an incident where the dog had sustained a bleeding wound of unknown origin while loose. Quarantined dogs must be on leash and closely confined. Jones questioned whether there should be a hearing to determine nuisance dog status. No motion made at this time on this question. Sadler, Jones and Massa to meet with Mongeau Gaines regarding the entirety of the situation. Letter to Gorfinkles will recommend dogs to be on leash at all times except within the enclosed space on Mongeau Gaines property. Following discussion, Armstrong left the meeting as she had another commitment.

Other ACO Issues/Updates:

Dogs at Town Boat Ramp – Recreation Department head Shari has expressed concern about dogs at the Sholan Park Boat ramp/launch. She is looking for some form of enforcement. She said there had been a “nipping” incident some time this summer. Incident was not reported to ACO. ACO Jones points out that town bylaws state dogs are not allowed on the beach or picnic areas. No mention in bylaws regarding the boat ramp. It was noted that there are people who bring their dogs boating on the lake. Any dog not under control of owner is a violation of the Animal Control bylaws, Chapter 18.

Fall Rabies Clinic: Clinic date Saturday, October 28, 2023 has been confirmed with VCA Sterling. Hospital contact, Jen Taylor, has left the practice, currently Dr. Tebo is the contact.

Next Meeting Date: The next ACAB meeting is scheduled for Tuesday, August 22, 2023 at 6:30 PM at the Sterling Police Department meeting room. Larson notified Board regarding meeting date availability in September.

Adjourn: Miller made a motion to adjourn, McNamara seconded the motion. All voted in favor. Meeting adjourned at 8:14 PM.

Submitted by Marion Larson, Recording Secretary

this