Select Board - July 20, 2026

I'm going to call the meeting to order.

Will you join me in the pledge of allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Good evening and welcome to the Monday, July 20, 2026 meeting of the Westport Select Board under Mass General Law Chapter 38 section 20F. This meeting is being recorded. Um I do want to just point out that we we have an executive session at the end of this meeting, but um we will not return to open session after the executive session. There won't be any business conducted after it. We

want to take a moment to uh to uh remember the passing of Marshall Ronco.

Marshall Ronco, 72, of Westport, passed away peacefully on Friday, July 10 at Charlton Hospital after a belief a brief illness. He was the husband of Elsa R.

Ronco. Uh he's a uh born in Brockton, but he was a lifelong resident of Westport, graduating from Westport High School in 1972 [clears throat] and from Bristol Community College with a associates degree in law enforcement in 1975.

He enlisted in the US Army in 1972 and served as an active duty in the Army Reserve through se 1978.

He joined the Westport Police Department and served a long and admirable career until his retirement as a senior patrolman in 2011.

During his tenure, he earned recognition as a sharpshooter and served as the Westport Police Department's DARE liaison to the Westport High School. Uh he had several other um jobs throughout his lifetime, but was uh law enforcement was his true calling. Following his retirement, he continued to serve the law enforcement community as a certified LEOSA instructor. He joined the Coast

Guard auxiliary for many years and held many uh positions including fatilla and division commander and district captain.

He was very active in his church at St.

John the Baptist. I did not know Rono but I want to send my condolences Mr.

Ronco but I wanted to send my condolences to the family. I know some of you knew him. Is anybody want to say anything? [clears throat] Madam Chair, I knew him well from the church and worked with him uh for a number of years. I know his wife, great people and terrible loss and my condolences also to the family.

I knew him from the veterans organizations in town and he seemed like an awesome guy about it.

Right. So, our sympathies to the Ronco family. Um, our next meeting is going to be two weeks from today on August 3rd.

We do have a public hearing, but I want to take care of some more routine matters before we um before we do that.

I'm not sure the the person is here anyway, but I'm going to u move around the agenda a little bit. So, I'm going to take up uh five I. So, five I is a request from Carol Freighish, the veteran service officer, to accept a $50 anonymous donation. Carol, did you want to say anything about that?

You don't have to. I'm just asking if you want to.

You have to talk to a mic, though. Um, so it's a donation from a veteran who chooses to remain anonymous. Um, it's for discretionary use. So I can use it for, you know, anything that I feel is an appropriate use of that of that money.

All right. Thank you. So do I have a motion to approve the donation?

So move.

Second.

Any discussion?

All in favor?

I I That's unanimous. Did you want to tell us u you have something you brought with you?

I I did. So, um, we I've been working with the students, eighth grade students at Westport Middle School for the past two school years on this project called While There's Still Time. It's an interview. Students interview the veterans and then from those interviews, they write these bios. And I just wanted to mention that this is now the second edition of the book that we've published. And we have interviewed a

total of well, there's 42 total stories.

This year we did something a little different where we had two veterans who wanted to be interviewed but unfortunately they passed away before they were able to. So we included them as an inmemoriam and also one of the veterans who was interviewed served with a Marine who was killed in Vietnam and they included his story in here as well.

So I gave a copy of it to to uh the town administrator last week and he asked me to just mention it here.

How could people get a copy of the book?

Um so I have a few left in my office. I have to get more from the teacher John Bernier. Um, but the books were given uh were we they were able to print them through a grant through the Westport Education Foundation. I think they can print maybe another 50 more with the grant.

All right. So, if anybody is interested in then they should contact you. Yes.

So, Carol Freighus, the Veteran Service Officer.

Yes. Yes.

All right. Anything else going on in your area?

Just um helping veterans with their property tax exemption applications. We created an electronic system here in Westport and so far since July 1st, I've helped about 115 veterans apply for their exemption. So, been busy.

All right. Thank you, Carol.

Thank you.

The chief isn't out there, is he? No.

Okay. Um, is uh Christina Holio here?

All right. Well, we're gonna um we're going to take up a few more business.

We're going to take up a little more business and we'll see if uh maybe maybe she's just late. Um so let's skip over to I did tell the sen the people interested in the uh senior uh services director that we would do that no no earlier than seven. So um that's why I'm not taking that one up right now. So let's go to license and permits. We have uh 3A a request from Max Performance to

hold their annual Buzzards Bay Triathlon on September 2020 26. Is there anyone here for that?

So, this is a um triathlon request. We did receive um an uh police report um that did express concern that it was an alternate date for another event, I think. Right. But that was the only concern.

Uh yes. So, I believe it is the rain for the cystic fibrosis ride. Um I believe that ride is uh September 19th and their rain date uh is scheduled for September 20th. So the recommendation you have in the packet is um if they are two events that are occurring on the same day um that they not share the same route that they uh select an alternative route. Um and then there's a few other conditions

that the police noted as part of uh their recommendation for approval.

All right. Thank you. [clears throat] What's the pleasure of the board?

Madam Chair, just a few comments on that. Um Chris, can we confirm that they're going to have this marked appropriately? I know there was a race earlier this year where there was residents that weren't happy with obviously [snorts] uh traffic patterns.

They didn't have cones out for one of those uh road races and you know it was kind of a perfect storm because it was 90° and they had some obviously emergency services trying to take care of runners. So, I'm just looking at this uh route map and it goes obviously up drift on Hicks bridge down Horsene Neck and I don't mean to belabble the point, but none of those roads are really in

the greatest of shape right now. So hopefully uh when that race does occur they it is in better shape. But can we make sure that the um basically the applicant is working with the police department to appropriately either block out a lane or have a you know know how it's going to run.

Yes.

Is there because in the in the race earlier in the spring there were like runners trying to run and then cars trying to get around the runners and uh it didn't really work out very well. So yeah. So, uh, as part of the conditions of approval, I guess to that point is also working with our fire department to coordinate, um, you know, emergency medical coverage as well. Um, but certainly that's a condition of approval

we can set and make sure that we and our departments are in communication.

And I think this is, sorry, I think this is probably a perfect opportunity for us to post something on that maybe on the Friday. I guess that's is that a Sunday? either the Friday on the town Facebook page to let people know, hey, there will be road closures that could impact your local travel uh on Sunday morning just so that at least everyone's aware of it. I think some

people kind of got tied up in that not knowing there was a race that day in the in May.

Yes. And I believe that was also noted in the police recommendation. So, we can certainly do that ahead of that weekend or a few days in advance so people see it.

Um the one thing I will note in the packet is there's not an alternative uh route. Um, okay.

You know, again, that might be something that the board want to consider as part of any uh conditional approval.

Do we know? Well, we probably don't where on the construction phase that Horses neck and Hicks bridge will be on September 20th.

We do not.

They'll be launching themselves over steel plates in the room. Um, no, but I I think uh, you know, again, assuming that this is something that the board um will be acting on, we'll try to get this before them so we can get as much advanced notice as possible for where they think they'll be um, and so we can communicate that to these individuals.

Thank you, Madam Chair.

Anything else?

So, what's the pleasure?

I move approval subject to the conditions uh contained therein.

Madam chair second that motion.

So that's the contingent on the police department recommendations and then noting the communication and the safety um precautions that Mr. McGrigan talked about.

All right. Is there any discussion?

All in favor?

I I that's unanimous.

We have 3B. We have a request from Buzzards Bay Brewing for a one-day wine and malt beverages liquor license for a fundraising concert on August 15. I don't think there's anyone here for that, is there?

So, this is um for Shelltock, I believe, right?

Yes.

Yeah. So, this is um at the fairground, the Pinehill uh fairgrounds. It's a Shelltock concert and this is Buzzard Bay brewing. And their paperwork is all in order, right?

Yes, it's in order. events from 2 to 7.

Uh in the packet, you have a recommendation from police. They're recommending at least one det. They're recommending at least one detail for the event.

Yeah.

Motion to approve.

Second.

Is there any discussion? Is there anyone here for that? Right. All in favor?

I I That's unanimous. So, go check out um I know they have a Facebook page and there are tickets I forget which ticketing agency they're using, but go look up Shell stock for August 15 um from 2 to 7. It goes to the Shellfish propagation fund.

Actually, that's incorrect.

Oh, sorry.

Um it's Shelltock. Um it's Cynthia Zro.

Yeah.

Shell stock formed a 5013C.

Okay.

So, now it is their own 5013C, right?

How do people get tickets though?

Uh all around town there. You can go on the Shell stock page.

Go to Shell Stock page.

The link to just link to where you can get tickets online.

Great. Thank you.

It is all for the Westport River.

It it is. It benefits the shellfish in the Westport River. Yes. Whatever legal entity is benefiting.

Yes. But bigger than the propagation, right? Okay. Great. Thank you. Thank you for that clarification. Go buy a ticket.

Um and then we have I'm just going to handle it. The 3C. We have a request from the Holy Ghost Club, 171 Sodom Road for a 1-day all alcoholic liquor license for 179 Sodom Road for a fundraiser on August 1 from 1 to 7. This looks like a pretty typical event for them.

This is the pleasure.

Motion to approve.

Second.

Any discussion?

All in favor?

I. That's unanimous. Is Miss Holio here?

Yes, ma'am.

All right.

We're [clears throat] going to um Is there any Chief didn't show up, did he?

Is there anybody here for something quick that they wanted me to? I know the shellfish people are here.

Are you guys just here for the appointments?

Yes.

Liz, I'm going to take out of order the appointment. So, um which which chief's here?

Okay.

Yeah, she's Oh, the chief is here, too.

All right. So, we're going to just take a couple of items since you weren't here at 6. Um the where's where's the agenda item action item 4 D. Sorry. 4D appointments. The FY2027 appointments.

That's what you're here for, right? No, I'm here for 5A.

5A.

Oh, the ZBA. Yeah, I'm not taking that one out of order. Okay. All right. So, I don't need to take this. You're gonna sit here anyway. Okay. Um let's uh Chief, you're here. We're going to take you out of order, too.

We're trying to get the reason for those of you not familiar with our meetings, we try to get the employees out if so they don't have to stay here for an hour. Um, you don't have we just try to be kind to them. Um, so we're going to take the item for the police chiefs.

This is 5H.

So, we have 5H is a request from Police Chief Christopher Dunn for a wage adjustment for Deputy Chief Robert Rebello. Chief.

Good evening everyone. Madam Chair, TA Vitali.

Good evening.

So I believe you have the correspondence. I sent to TA Vitali regarding this. So we observed I observed an issue between uh the lieutenant's pay and the deputy chief's pay. The differential historically it's been 15%. This is what deputy chief was hired under that belief. Um, it's at currently at 137%. The difference is $1,440.

So, I'm asking for the wage adjustment increase of $1,400 for this fiscal year.

And we'll make an adjustment uh corresponding in FY28.

All right. And do you have a recommendation?

Uh, I recommend uh the approval of the wage adjustment.

And you're going to fund this within your current budget?

Yes, it's we can fund this within the FY27 budget.

All right. So, I'll move approvement to uh move approval to accept the chief's recommendation to increase the deputy chief's salary by $1,400.

$1,440.

$1,440.

Thank you, Mr. Der.

Do I have a second?

Second. [clears throat] Discussion. I I would prefer that the motion just be that the salary is always 15% greater than a uh lieutenant. So, the um what I was uh talked to the town administrator earlier and one of the things that um we were talking about doing is making sure that we have proper employment agreements with all of the town employees because I think a proper employment agreement would have caught

this, right? We would have had a contract to fall back on instead of like the misinterpretation of the personnel bylaws. Correct. So, I appreciate the um the the concept behind what you're talking about, but I think that the more appropriate thing would be I don't know when your employment agreement is up.

We have yet to create one.

We haven't created an agreement yet. So, um so I think what I would my preference would be to create a proper employment agreement that would include whatever we're going to put that.

Yeah, I agree. It's just that if you think if a lieutenant gets a raise, he should also get a raise commence with that 15%.

It does happen that way. It's just the it's right now he's getting compensated 13.7 rather than the 15, but moving forward it would go that way.

Yes, absolutely.

Yeah, thank you, Madam Chair. Yeah, just the question. We had two motions on that, right?

We have No, we have one motion.

Did someone second it?

We had a second.

Okay. I just wanted to have a discussion on that. It it says in here that uh deputy chief is not requesting any retroactive compensation of back pay.

That's correct.

Is that a situation where I mean what was his contract? I mean is he getting shorted essentially?

Well, there is no contract.

Okay.

And when he was hired, it was understanding that there was a 15% pay difference between lieutenant and the in the deputy chief's position.

Okay.

So that's going back a little over two years.

And when we caught the the the glitch, so to speak, I approached the deputy about it. He's like, I'm not looking forward to go backwards. I just want to go more forward from here on out and then we can address it with a with an agreement later on.

Okay. But he did do service for two years and was underpaid for that.

Correct.

That's correct.

Why wouldn't we make him whole on that, Deputy? I mean, I I don't mean to I'm sorry. I didn't mean to like I I asked him about it and he he was more than fair, I believe, about it.

So, let me just ask um logistically.

Yes. If you is if you're paying in a different fiscal year, I think there's some different logistical issues, but what is that a surmountable logistical issue or um so it wouldn't be something where I I would categorize it as back pay again just the artbooks have closed for these prior years, you know, and I think one of the difficult challenges here was just trying to find a path forward. um you

know certainly a one-time stipen you know or something again if the board wanted to take that up as an option um in recognition of that at the time of the appointment um that that's certainly an avenue the board can explore could we do as a performance bonus I think that if we were to consider that which I'm not opposed to considering it but I think we're going to consider that I think we need to understand our

options um to maybe not make that decision night like you you need to make sure you have budget for it. You need to make sure that it's something that we're allowed to grant and then we don't really have a lot of comparable positions. I don't think maybe fire department might have somewhat comparable. Um but sometimes if you if you're giving one employee like a stipend or a bonus then it kind of

sometimes those ripple effects triggers.

I totally understand.

So I wouldn't want to I'm not opposed to doing that but um I would want to I would want a little more research.

Yeah. I'm just concerned that he worked two years and was underpaid and technically in my opinion if he received a 3% raise or whatever let's say a cost of living adjustment each year so technically would be on that 1440 for or 2880 over two years so technically still getting shorted even more because you have 3% on those two years I just in a professional capacity if I was shorted $3,000

I believe I added that 3% for those years it was added yes on top of the 1400 or the 1440 in compounding to the to those other pre previous years.

Okay. But he's still out almost $3,000 for work he's done.

Correct.

So I mean we could ask the town administrator to look into that like to is that Yeah, I'm ahead.

Would that be something that the next meeting would I guess amend the motion just to include for future review the previous years.

I don't know how to phrase that.

Well, you're asking for an amendment to the motion or I guess another mo I guess a motion.

Well, we could So, what we could do is we could vote on this motion to grant the to grant the 1440 and then we could you could have another motion to direct the town administrator to look at our option to the correct dollar amount and the options that would be available to us if we could consider for future meetings. We I think it's he's cleaner to do that in two motions.

Okay, that agree.

All right. So the first motion that's on the table right now is to increase the current salary uh by 1440 per year. All in favor?

I I So that's unanimous and I'll make the second.

Did you get Carlo the next motion?

I can make the motion.

Okay, go ahead. Um, I make a motion to uh address the two years of back pay that would be due to Deputy Chief Rebello in the amount of $2,880 and direct the town administrator to um obviously research that and see our ability to pay that.

Just as clarification, Madam Chair, so my first year I started in February 1st, so it would actually technically only be the first five months of my first year.

I can get the calculations. I can do the math for you just so that way because I've got the spreadsheets to do it.

Yeah.

Do that with one full year the first five months and so it would be a year and five months.

Yeah. So this is what we want to direct the time administrator to get the right amount and then the right mechanism.

That's fine.

Right.

Yep.

Okay.

Okay.

Is that your motion?

Yes.

Get the right amount and the right mechanism.

The correct amount and the correct mechanism that the town administration research.

Is there any further discussion?

Oh, we need a second on that. Right.

Second.

We had a second.

Oh, do we have a second?

I don't know.

Second.

Seconded.

All in favor? Hi.

Hi.

Anything else? You want to talk about your night out?

So, yes, we're super excited about having our second annual national night out on Tuesday, April 5th. So, we invite the fourth. Thank you.

August.

August 4th. I'm I'm getting all these way off.

I'm going on vacation starting Wednesday. So, my mind unfortunately uh No, we're very excited about that. We have a lot of great uh organizations in town that are going to come. We're only hoping for great weather. So, we're very excited about that. We had I believe a great Fourth of July parade. I think that went out very well. Um, last week we had uh a combined training with the

fire department at the harbor master and horse neck beach as well as chairing web lifeguards regarding a missing person um in the water. So that went off very well and we're looking forward to future trainings and collaborating with them.

And the last thing is uh the Westport fair. Everything went well. Um no major incidents to report which is great to hear. I think everybody had a lot of fun.

Yeah, that was great. Let's take up u 5e, which is a request from the Westport Police Department to display a banner for the night out from July 21st to August 4th.

Motion to approve.

Second. Second.

Any discussion? All in favor?

I I That's unanimous. Okay, I think that's all you're ready.

I think that's it. Thank you.

Thank you very much.

Thank you everybody. Thank you.

Okay, now we're going back to the public hearing. So um the under master law chapter 140 section 157 um we have a hearing to hear a complaint concerning the dogs Rea and Tally at 6 Das Avenue for alleged nuisance andor dangerous dogs with a possible vote and order.

Because this is a formal hearing we have um a lot of rules that we have to do. Um so I have I have Mass General Law chapter 40 section 140 157 in front of me. Um, so the the purpose of this meeting is the board will determine whether to dismiss the complaint, deem the dog a nuisance dog, or deem the dog a dangerous dog. The complainant and all other persons giving factual testimony

will be sworn in. Um, we [clears throat] here's the rules. Uh, no one may speak unless they've been recognized by the chair. All testimony and questions must go through the chair. There is no cross-examination or cross- talking to each other. The chair may limit repetitive irrelevant argumentative or disruptive testimony. Exhibits must be identified for the record. And I have the ability to to [snorts] ask someone

to leave the hearing if they're disruptive. So, there is an order of presentation. So, the first the way that this is going to go, we're first going to hear um from the animal control officer who's going to present the complaint, the investigation, and the town exhibits. Then we will hear from the complaintants if the complainants are here. There were my understanding there were two complainants that were

served um and invited to attend. Um we have then then the owner or the keeper can present their testimony or witnesses and then um I can recognize anyone else that has relevant firsthand information.

After all that the board or actually during that the board members may question the witnesses and either side may ask the chair to pose relevant questions and then they'll be given an opportunity for a rebuttal.

So that's the gist of it. So, the first uh person that we have here to testify is Nick Vidmar. Nick is the animal control officer.

[clears throat] Nick, do you solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? So, help you God.

Yes.

All right. Thank you. Welcome.

Thank you. Thank you.

You have provided us a detailed information here. um in you have a an overview with a detailed description and then you have a timeline. So can you So my name is Nick Bidar. I'm the animal control officer for the town of Westport. Been doing this since 2019.

Tonight I'm here to talk shut off the other one or shut off one of them and turn that one off.

Yeah, there you go.

Turn that one off.

Turn one off and turn that one on.

There you go.

Can you hear me now?

Okay. Um, I'm going to talk to you about uh the recent incident and then I'm going to go down and just talk to you about the other incidences. I think this one's the most important to talk about tonight. On uh June 18th, I received a call from the Westport Police Department that there was a dog attack that happened regarding two King Corsos living at 6 Das Avenue. Um, the owner of

the dog that was attacked was at the uh ER hospital, so I couldn't talk to them.

I went to the uh address where I spoke to the father who was out in his driveway. I told him that I'm there to follow up on an incident that just happened. I said that um the dogs need to be placed in a 10day by quarantine and of course there will be citations as they left the property. Uh he went inside to look for the proper paperwork.

It was at that time when the owner came out, started talking to me about the dog leash law. Uh, our conversation got escalated to the point where the police had to be called. An officer did come out to just sit there and and just be with us. I talked to her about, you know, this is not the first time this has happened. This happened numerous times in the last year. This time, you

know, it was a pretty bad bite. Uh, I said to her, you know, I need to see proof of rabies for the dogs. I need to see um the rabies certificates of the dogs. And so she went and started to bring one dog at a time. The first dog she brought out was the dog Rea, female Canorso dog. Uh she was reluctant to cooperate sitting for her. Um she had to

tell the dog several times to sit. It finally sat for us. I took a photo of the dog. Um she then brought that dog in. I I issued the quarantine for her.

Gave it to the dog owner. Then she brought ran inside. The second dog came out, which was Tally, a gray blue um king Corso female as well. She came out, I took a photo of the dog, wrote out that quarantine for her. Um it was at that time where the dog owner said that um the dog that they went after um injured her dog. So I took photographs of that those injuries and I told her if

these were injuries from that incident, I would quarantine the dog that they um went after as well. I mean, I have done that in the past. Um, she then brought the dog inside. We then talked about more about the the situation, talked about more about how to contain the dogs going forward. I told her that, you know, she's got an, you know, a fenced in backyard she needs she should utilize. I asked her, you

know, how come that's being not utilized at that time? She then said to me that the dogs can escape the house. they know how to open the front door and that's um why they got out today or that day, not today. Um so we then went inside to talk more about the situation. Um should be noted as well. I also cited her for the two dogs leaving the property. Um total of $50

per dog, so a total of $100.

Um when we were inside the house, um the dogs were sitting there. We talked more about the issue about containment, training, all that stuff. I said if need be, get a gate to be put in the doorway or a gate that has multiple panels so you can put it in the doorway, put it around it so you can walk in your house, close, lock the door, whatever you need

to do. Then open the gate door and then walk into your house. We explained that as well. Um, so after that, we were we were done talking. the the I both dogs were quarantined, citations issued. I went back to the town hall, gave the town clerk the citation as I do all citations. I then went back to the annex, contacted the dog owner who was um whose dog got attacked. Uh he said

the dog is in critical condition at that time. I said to the owner, as I do all incidences, the biting dogs were in quarantine.

And um we talked a little bit about you know the whole situation. Um I then told him um the dog owner of the two King Corsos are saying that um his dog also injured um their dog as well. So uh he then told me that uh his dog is a 14-year-old 12PB Chihuahua with some missing teeth.

As I was talking to him, I was looking through the photos that I took of the dog's injuries sustained to the King Corsos and I ruled it out as these injuries were not of that of a small dog of that size due to the you know the size the the age of the dog the missing teeth and if you looked at the the photographs presented the injuries are a

lot bigger than that of a small dog can make. So, I ruled that out that that's not that's not possible. Also, in one of the photos, uh, it looks like the scabs were being formed on that. So, if it was fresh, I would have seen blood. I would have seen freshly bright red skin acknowledging that a bite or a scratch has taken place. Um, so I said, you know, based on that, I will not

quarantine your dog for the time being.

the other two dogs are quarantined.

Um I then the owner told me that the next four days will be very crucial as the dog is still at the vet. Um I said okay. Fast forward, you know, four more days. I I called and checked on the owner. Uh I believe that was Father's Day. Uh he told me that the dog is back home, but still very um very rough shape.

I said, "Okay, that I'll I'll check in with you when the quarantine's over, as I do for all white victims." Um, when the quarantine came to be released, I went to the house. I observed the silver SUV in the driveway.

There was also a truck on the side driveway portion of the property. I went up to the door, knocked on the door, received no answer, waited a couple minutes, and then went back to my van, wrote out the release slips for both dogs, stapled them together, stapled them to a dog or a um notice, and I put it in the door, and I left. I then went back to the office, called the dog

owner, letting him know that the dogs were released from the quarantine. He then let me know that that weekend the dogs got loose again. I said, "All right, if you could send me photographs as I've all the situations over there, all the complaints, I've asked people to send me photographs of evidence that the dogs are off the property." Um, so that's where we're at here with that complaint. Um,

back in September, I believe, of last year of 2025, one of the dogs, Tally, got loose, ran across the street, and attacked a I believe it was a golden retriever while they were walking by the house.

Um, that dog in retaliation bit the dog Tally, so both dogs were quarantined.

Um, and then I get emails and calls from neighbors that the dogs are loose. I ask them to send me photographs of the dogs loose.

They send me photographs or I have a couple of videos that I've received. And so these dogs just get out and roam. And I believe this weekend, this past weekend, they were loose again. I received an email this morning that the dogs were loose again on the uh property the two dogs went after. I believe it's five to the highest Avenue. So, these dogs are definitely at large and and roaming

around. So, that's all I have.

So, you submitted two um documents to us. One is um I said I'm supposed to identify them the exhibits for the record. So, one is a dis a dog attack 61826 with photos. This is one you talked about for that specific incident.

And they have some photos of the dogs.

Was the um was the owner of the dogs given these these reports?

Did did she have access to these reports? Did we send them to her?

So, uh the backup documentation for the packet. No.

No. Okay. And then we also have um a timeline, a detailed timeline that you kind of you kind of talked about. Did you want to call out anything on that before we ask questions?

Um result in the timeline. The timeline is basically stating from the initial call, the very first complaint I received to the very last complaint. And of course since then I have uh where is it here? I'm normally organized. Um on 7 on 618 the dogs were loose.

Uh and then on 713 report of both dogs loose, email from neighbor letting know.

So um no photograph of them loose, but I did get an email saying that they were off the property.

So if you but you had a timeline here starting with May 5th, 2025. Do you want to just like you don't you don't have to read the whole thing but can you just talk about the timeline from May 5th?

Yeah. So May 5th I believe was the first incident.

Um I picked up the dog Raina the Bindle King Corso from uh the area brought her to the shelter and the owner reached out saying her dog was missing. I said, "Yep, I did pick up a a dog. It's at the shelter. You'll have to pick it up." So since then it's just been dogs roaming and then um following that on 528 of course report of two King Corsos got loose over the weekend went

over cited the owner on 612 Raina King Corso dog loose again video sent to acco with the owner trying to retrieve the dog.

Um, I do want to let you know that all these um incidences where I go and I and I let the owner know citations were issued.

Okay.

These are all in 25.

This is correct. 25.

Yes, we're still in 25.

You had citations for what were the citations issued for?

Citations were failure to restrain and uh I believe it was failure to license at that time.

Yeah.

Okay.

Uh let's see here. 25. We're still in 25 is June 12, 2025.

There's June. Yep. June 12th, I believe.

I just um talked about that one. Um on September October 22nd, tally the Grey King Corso got loose and went after the dog owner in the street. Um that was a fine issued and um quarantine on that one.

And then we go to this year now where we go to 38 2026 dog tally again off the property. Next day I go over cite the dog owner and then June 18th.

Then in June June 18th dogs loose went after dog in the front yard.

um dog rushed to the hospital, went over um cited the owner and quarantined both of her dogs.

And your um your exhibit also included a report from the uh emergency vet, so I know you're not a veterinarian, but can you just maybe summarize what what So, I I did reach out to the vet because I would I wanted a copy of the vet report. So, the dog suffered really bad injury, lots of puncture wounds. Uh, I guess this is what they told me. The the intestines of the dog were out of its

body and they had to be surgically they had to surgically go in and put them back in and place them in. Um, they punctured some of the intestinal wall, I believe, and and so they had to do it.

So, um, they had to do pretty much really intensive surgery for this dog.

If you look at the photograph provided, that is the after of the surgery. So, after they did the surgery, I did ask them if they could send me a, you know, or um I I asked them if they could send me a photo, if they got the dog to the ER, could they take a photo of the entire um situation they had, and they said it was too serious to to do, they had to rush

that dog into surgery. Um, I do have a photograph um of the aftermath here of staples and stitches the dogs or the dog needed. Um, you have a lot of bruising. You've got staples. Um, they had to surgically go in. I'm not a veterinarian. I was looking at the vet report and all I know is they had to open it up, put the dog's intestines back, do some surgical repairs, stitch the dog back

up, give this dog a lot of um uh pain medication. The dog had to stay overnight for I believe 4 days from the 18th to Father's Day because I remember like I mentioned earlier um the dog owner took the dog back home on Father's Day.

So, and I just so I had one question just to start questions to you. So, can you just talk about the leash law and what the leash law is?

Yeah. So, the leash law in town is your dog has to be verbally or physically under control at all times.

Meaning, if you're walking your dog off leash, if your dog leaves your side and you call it to come back to you, it's under verbal control. If you're on your property, the dog stays on your property, whether it be by invisible fence standing uh pen, or something else of that nature.

Verbal control is is a it's a sticky situation because with that, you have to tell the dog to do something once. So, if your dog's wandering away from you, if you say, you know, I have a dog, so I say, "Aiden, come." He needs to come right back to me. It's not a two, three, four, five time thing where you're saying come Aiden come Aiden come Aiden come. It's Aiden come. He stops, turns around and

he comes back to me. So I mean if the dogs are running loose and nobody has, you know, the dog's not coming when it's being called, that's that's not under control. And and verbally, I mean, if the dog leaves and then comes back when you call it, it's technically under verbal control. Physical control is on a leash. So if you're, you know, walking your dog and it's on a leash, you have

physical control because you're not, it's not loose and moving around.

All right. Thank you. Anybody have any questions for Nick?

Right. Thank you.

One more. Actually, sorry, Madam Chair.

So, do we have a total of what, six citations in this instance?

I believe we do.

Okay. And have all of them been paid once they went to So, the one that I gave on the 18th has not been paid. that has been issued to the court um to the courthouse.

So So all of them were paid but after they had had to be sent to the court court.

Correct.

Right. They were paid after we had a court hearing.

Okay. Thank you.

Right. So if you can stick around in case we have questions later. Thank you.

Of course. Thank you very much.

Thank you. [clears throat] Um, so we also, um, sent notice to two complainants, Pereira or Chené. Are either one of them here?

You can

like a walk around.

Welcome. Can you uh introduce yourself, please?

Perr Avenue.

You're the owner of the dog. Yes, ma'am.

All right. Um, so, uh, do you solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So, help you, God.

Yes, ma'am.

Thank you. U, did you have anything you wanted to to tell us?

Uh, it was a pretty decent report.

Pretty pretty solid. Um, the only thing is, so the, uh, initial attacks on my mother-in-law, uh, middle 70s, I have a 5-year-old and a 12-year-old that was on the front porch while me and my wife were working.

um just show called me just in a panic, ranting crazy. So you can hear the dog kind of, you know, freaking out and you can muffle some words. So obviously he thought it was emergency kit. So whatever. When I get over there, there's intestines [snorts] all over the front porch. Everything's hanging out of his stomach. So I actually had to grab him, pinch him, run into my my truck, but all

over the truck still stained. Drove all the way to the emergency room. They took him right away. So there wasn't any time for any pictures or anything like that.

It was just like I I walked with her to put him on the table, you know what I mean? So, it was like super quick. He did come back on Father's Day. Um, currently now the because it was like kind of where your lower abdomen is and your upper thigh. So, he lost all muscle on one side of the thigh.

Sorry. So, like shakes. He can, you know, he's kind of like walking with a limp. Um, because they for the intestines, they had to basically suture the entire thing up. So it was over like a eight hour surgery specifically and because the intestine burst on one side they had to like clean everything out and all that. So pretty like dramatic from there. Son's obviously losing mine.

My they all kind of like watch the entire thing happen. So obviously that's traumatic in its own right. But uh but the dog still the issue on top of everything is I'm fighting every single day with my not fighting, we're arguing but with my wife because you know we're probably going to end up putting him down just because he he lost all power movement. He lost everything. So when he's walking it's just you know stuff

just happens. So we called the vet.

They're like yeah it's normal. He might get it back. He might not. Um you know we're doing like therapy on the side every Saturday trying to get him to swim but Chihuahua don't like water. So, it's kind of, you know, we're getting there just to get that muscle back to see if everything can kind of come back. Um, so it's still kind of, you know, he's not doing good. So, we're kind of still on

that fence, you know, therapy and everything else trying to figure it out for him. Um, so, but just in general, it's been a very long time around the neighborhood. The dogs are running around loose. the um the day that I actually got the notification that um you know they were free to go, everything's good, they lifted the quarantine quarantine. 3 days later my mother-in-law sends me pictures because

I actually was out in the Cape with you know the dog like I said trying to do everything and uh and the dogs are in the backyard. So I understand completely if you know I have a another uh dog that you know if it breaks out or you know everybody in the neighborhood we all have dogs everyone used to walk around the neighborhood every you know fine together and uh you know sometimes they

get loose just to play you know let them out in my front yard they play together they're off leash but everyone's hanging around being good they come back to you when you call them you know everything's fine so if like my dog ran away that's one thing right but when you get multiple calls like this as a homeowner you know especially with a fence in the backyard If my front door is not working

or if the dogs can, you know, get out, you need to board it up properly. You need to make sure everything's good because if my kid, if that was my kid, it would be a different story, right?

And if this keeps going further, now it's a little bit on the town. If my kid gets injured, right? Like that's my biggest fear. My 5-year-old doesn't go outside in the front anymore, right? If I'm not there, where before, you know, I'm cooking, I'm doing whatever. Yeah, go ahead play with your older sister and this and that. And now it's like this big huge thing that it shouldn't be. You

know what I mean? I I didn't, you know, I lived here for a little bit, grew up in the city. I tried to get out of this crap, you know what I mean? And now it's kind of like right back to where, you know, my kid can't just walk around, you know? So, it's just a little too much.

So, I don't know.

Thank you.

Um, I just want to ask directly, do you have what you feel are legitimate safety concerns for the human members of your home for those dogs?

Absolutely. Absolutely. Have you modified the behavior of your family members due to a legitimate safety concerns for the members of that family?

Yes. Okay.

The dog was attacked right in front of my front porch. If if you would Google at the property between like the train the front porch so it wasn't like it was close to the edge of the road. It was really it was really on my property. It wasn't like a utility easement or you know a couple feet. It was really on my property to the point where before and

all my neighbors know. I mean I'm a very construction leave me alone. I work 80 hours a week kind of guy. I just, you know, want my peace and my wife and my my daughter are like the mayor of the neighborhood, you know what I mean? They come around, they know everybody, everyone's sweet to them. And uh, you know, everyone's used to just walking around and my kids just playing around

and, you know, having a crazy time. And now they're all, they have to be in the backyard, which, you know, it is what it is. But, I mean, my kids like the front yard. It's more flat. It's just the way that it goes. But now I can't do that.

And even in the backyard, as I'm cooking or doing whatever, I'd like freak out and I have to look out the window every 10 seconds cuz the dogs have been in my backyard. You know what I mean? So, it's like it's just tough. It's just, you know what I mean? I don't want to be put in this predicament. I like to just live and let live, but it's like at some

point if it's my daughter or my child, that's this is a totally different discussion.

Thank you.

And so, thank you.

Do you have anything else, Madam Chair? Just one question.

So, you're you're actually across the street. I'm just looking at Google Maps.

It's not like you're right next door or anything.

No, I'm directly across the street.

Yeah.

Okay. So, you're across the street and it has I'm just looking at your three and five. So, it's kind of like however Yeah. Offset. So, it's not like it's you're sharing a property line here. You you got to go across the street and to get to your backyard, you got to go all the way around your house to get to that backyard. So, it's not like And once again, me and my like my wife's

nurse practitioner. She works, you know, 3 24-hour shifts. I work 60 to 80 hours a week. So, like my mother-in-law is the one that mainly watches them. You know, she's up there in age. You know, it's not like she's going to be out there defending. So, now, and she is adamant, which kind of sucks for me, is she's not outside with the kids because she doesn't want to. So now it's more inside

stuff or they, you know, take it to the park, which it's still, you know, to a degree it's fine, but now she has to go out of her way when she already helps me more than anyone else in the world. So it's just, you know, it's just a tough predicament all around. You know what I mean? So, right. Thank you.

Thank you.

Is um Erin Sen here?

All right. Um so then the um so we've heard from the animal control officer.

We um heard from the two complainants.

Does the owner want to provide testimony?

In come sip.

And you are Christina Julio.

Yeah.

So you've heard um the animal control officer's report. So um we're just going to give you a chance to give your side of the story or you understand that we're here to determine whether the dog is nuisance, whether the dogs are dangerous.

Ma'am.

Oh, I'm sorry. We got to swear you in.

Do you solemn solemnly swear to or affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So help you God.

Yes, I do.

All right. Go ahead.

Um so I live with my father. Um I'm in law school. Um the dogs are with my dad.

He is elderly. Um in the past two years, yes, they've been out. For those six times, I've been right there after them. Um I can't control when I'm not home. um in after the incident that just happened, the dog's very friendly. They know the family that they attacked that dog. Um he's helped me numerous times um in the neighborhood cuz as they grew, they got a little bit too strong for me, so I

can't walk both of them. Now I have to walk one at a time. Um so they do our property is across the street from there all the way. They do have to cross the street to get over there. Um I'm not for the safety of everybody.

They're not out all of the time. They're not um it's not like they're being neglected and they're out just running the neighborhood all the time. Um they do they have gotten out of the front door. It's been secured now by a gate.

There is a um beep on the door um so that when the front door is opened and closed that the alarm goes off. Um and we are having an um electric fence put in. Um the dogs have been trained. They're very friendly. They're not vicious. They're not, you know, they did go out this dog. Yes, they did go after this dog. Um the other dog when the other incident had happened, the dog was in the street.

That dog came on my property and then the attack happened on the street. So, um the dog officer is only getting one side of the stories from the neighbors because he's not even coming to talk to me. He leaves the notice and the citation on the door. Sometimes he doesn't even park in my driveway or park in front of my house. He just leaves the citation and goes, "Um, yes, it has gone

to court because I have a right to appeal it. I didn't know how to do that or what to do." So, I am taking it up in court. Um, the reason why the police officer was there at the last visit was because the dog officer was very agitated with me that I had asked him what the the leash law was. Um and that he said specifically said, "Oh god, you

know, he had to stop what he was doing to come to six dice." Again, again, if they were out six times a month, you know, not I'm not minimizing it but it has been, you know, when I asked him to come in the house and help me to see what I could do to stop this from happening. Um he did come in, told me about the gate. I knew about the um

alarm going in and the electric fence going in. Um but then he did help me with the gate. Um a lot of the people in the neighborhood just don't like the dogs because of their size.

Um I had the dogs for my protection.

Um, I was in life support in a coma for 3 months due to um, domestic violence. Um, and when he got out of jail, I got the dogs for protection.

They're not vicious. They're just like any other part of my family member, just like the other people's family member.

But, um, they're trained and I I don't know what else to do other than what I've done.

Are your dogs currently licensed?

Yes, they are.

And um have they um gotten out of uh your control since the 18th?

No, the one time I think that they did, but they were in my property. Um like I said, I'm not home all the time. I was told by them that they were in the sidey yard. I do not know if they went over, but since then, the gate has been placed. It was that following um Monday and Tuesday um that they came, we measured the the area, ordered the fence, and the fence came the next day

and it was installed.

So, can I know you said it, but I just I there there's a lot to digest. Can you just talk about what you've done to restrain the dogs or keep the dogs from after the after the attack that we heard about that? Um can you just talk about what measures you've taken to make sure that that doesn't happen again?

We put alarms on the doors. So when the doors are opened that we're alarmed. So if I'm down in the laundry room and the front door is opened now I hear the alarm so I know to go check you know um there's a fence I mean a gate I apologize. Um in front of the stairs so you have to step on it to open it. Um so that they can't get down the stairs even

to the door. Um and then we're putting in an electric fence so they can't get out of the yard at all.

All right. What about training? Have you had any kind of They have training. Yes.

And they do come and they do sit with if I'm if it's me that's there, they will come when I call them. If it's somebody else from my house, if I'm not home, then no, they won't come. So, it does take my dad a couple times to call them.

But if I call them one time, they do come.

We have any questions?

I I Go ahead, Craig.

As a father of a dog owner who happens to be living in my house right now, Um, I think one of the things that you know we all struggle with if you have dogs is how to restrain them and and you have to have systems.

You know, in our case that um if we can't contain them, we put them on a run and we make sure the run doesn't go near our door. You know, it's it's it's on it's in a back area, right? Uh the second thing is is that um um you know and and I I'm constantly on my my son's you know case to make sure that he is doing the right thing in terms of

of stuff. So uh but but I think it's the basic thing is you have to keep control of them. You can't hope that they're going to behave themselves when you're not whole or that other people can control it.

Right? And that's why the physical boundaries, you know, that that they can't get past.

That's why we I asked the dog officer and he did it because I didn't know what else to do. So he that's when he um said to put the gate and the gates work. They can't even get down the stairs now to the front door.

Okay.

And madam chair, I have a question for Chris. That's okay.

based on the hearing we're having and kind of actions that could be taken with respect to this. Um, if we take an action, is it something that can if we see a improvement in behavior, can that be removed at a later date or something along those lines?

So, do you increase the issue?

That'd be something I guess I'd have to look into that further if there was a specific time frame. um or condition put on it. Um cuz the issue I see here, Madam Chair, sorry, is the corrective behavior from the dog owner after six citations doesn't seem to be fixed. Um I mean, we're dealing I know the question was, have we had an incident since June 18th? Okay, we're at four weeks. Um we have a track record

here or a timeline of over a year and a half of issues. Uh so I think you know I would also like to actually have receipts that an electric fence has been installed that has been paid for that the training has occurred various other things um on top of exactly what whatever we do or implement here with respect to this.

So I think um so the way that we're supposed to be doing this so we're we're going to let people testify. I I mean it was a fair question, but I think let's talk about the potential um uh remedial efforts after we've closed the hearing.

So, is there anything else for the um for the witness?

Thank you.

[clears throat] Now, I can recognize others that have relevant firsthand experience. Is there anyone here with relevant firsthand experiences? Okay, you can come up. You can come up.

Can you just introduce yourself, please?

Sure. My name is Doug Pico. I live at 12F. I live right in the side of them.

Do you solemnly swear? So, Mr. Pachica, do you solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? So, help you God.

I do.

Right. And so, I'm sorry. You said you live nearby Neesto. Yep.

Okay. So, I've been dealing with this for probably a year and a half. I probably said the dogs have been out 20 to 30 times or more, and I've contacted them plenty of times, and nothing's ever happened. They said they bought the electric fence before, never did it. The dogs have been in my house through a doggy door, just ran right in.

[clears throat] Um, I have a small dog, two small dogs, and I can't even use the electric fence because I'm afraid those dogs are going to come in my yard.

Most of the neighbors do not walk by their house anymore. They walk halfway around the block and turn around because they already know that the dogs could be out.

There we go.

I've talked to the neighbors a few times before I start even calling a dog officer. Now I have cameras. I'll send pictures and video every time that I see the dogs in my yard.

Right.

But it's seriously been 20, 30 times.

And I've seen the dogs twice after they attacked their little dog lose twice. If my dog attacked another dog, I wouldn't let it go out in two times after that, like within a couple weeks. That's crazy.

Thank you.

Um, I'm going to ask the same question I asked the other gentleman. Do you have legitimate safety concerns in your mind in regards to those dogs involving your dogs?

Yes.

Do you have legitimate safety concerns involving those dogs and human beings that live in your property?

That live on our property?

Yes. Yeah. Myself. Yeah.

Okay. Do you have have you modified your behavior in any way? Thank you.

Anything else? Thank you. Anyone else with relevant firsthand experience? I just want to note for the record that the owner of the dog has left the room, but we're going to continue the hearing.

You may come back.

Can you say your name? It's um Judith Abin.

And um do you solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So help you God.

I don't.

Right.

Okay. So I live around the corner from the house. I don't live near the house at all. Um, but as Doug has stated previously, I'm a neighbor that has adjusted my behavior and I don't go by the house because two dogs have been attacked. I've seen her in the neighborhood calling her dogs. I don't have video of it, but I've seen it. I own a small dog. My father is 90 years

old. We've told him not to go by the house in the event something h like my concern um is a concern of if something were to happen to my dog or my f when my father's walking my dog he can't defend himself in any way. We don't have this problem with any other dogs in the neighborhood. We don't worry about other dogs in the neighborhood. Um, we're all dog owners. We all love our dogs and we

understand what that is to look, but we also want everyone to be safe. And so safety is as a neighbor, that is my concern in the neighborhood.

Thank you. [clears throat] Did she get your questions or you did she?

I can ask them again. Yes or no. Do you do you have legitimate safety concerns for members that live in your household?

Yes. Do you have legitimate safety concerns for animals at your household?

Yes.

Do you have Have you modified your behavior due to the actions of these animals and the behavior of the owner?

Yes.

Thank you.

Thank you.

[clears throat] There anyone else?

So, there is an opportunity for a rebuttal if the owner would like to say anything else in closing. That was right outside the door.

She She's there, but she just shook her head now. So, um, so I am going to Let me see if there's a special thing I'm supposed to say here. Um, so I'm going to Is there any other questions for any of the Right. So, I'm going to close the evidentiary record. Um, I'm deeming the testimony and the questions are complete. Um, so I'm going to close the uh record and turn to deliberation. So

the the laws are um are we got a nice little flowchart about what we're allowed to do here. So I just want to talk through what we're allowed to do.

So the first um the first question is is the dog uh uh a dangerous dog? And so we have three options. We can dismiss the complaint.

So find that the dog is not um problematic. we can deem the dog as a nuisance dog. And if we deem the dog as a nuisance dog, then we can order the owner to take action um to ameliate the cause of the nuisance behavior or the third option is that we can deem that the dog is a dangerous dog.

If we determine that the dog is a dangerous op, there are seven things that we can do. One is that we can order the dog be humanely restrained.

Two, we can confine to the premises either indoors or outdoors in accordance with chapter 140 section 157. It's like they can't be on like a tight leash and that kind of thing.

We can order that the dog when it is removed from the premises be securely and hum humanely muzzled, restrained with a chain or other tethering device with minimal tensile strength of 300 lbs and be no longer than I think it's 3 feet. It was cut off in the thing. Um, we can require that the owner provide insurance of not less than $100,000.

We can order that the dog um we can require lifetime dog identification information.

We can order that the dog be altered so that it would not be reproductively intact um with veterinarian certification and we can order that the dog be humanely euthanized. So those are the options that we have. So the deliberation on the board I think the first one is do we want to dismiss deem the dog as a nuisance dog or I guess there's is this one dog is implicated

right now the owner has two dogs but the complaint I think is you would yes so you would do for both dogs would one be nuisance or dangerous for for each dog but for both of the dogs okay so so um whether they're nuisance or dangerous or whether we dismiss the complaint so we can and we can take different action for the the two dogs. And we all have a handy

flowchart here. I know that was a little hard to follow.

Go ahead, Rick. Did you Oh, I don't want to go first. I'll go first, though. Um, I have spent a significant amount of due diligence on this particular hearing due to the fact that there are life-changing implications for all parties involved on this. And I am not taking this matter lightly in any way, shape, or form because of the severity of the life-changing consequences. Um, I

researched um, Massachusetts General Law Part One, Title 20, Chapter 140, Section 147 for all the options, as well as looked at applicable co law involving that section 157. And this is all stuff that pertains to the D to dangerous dog hearings, nuisance dogs, and um, as well as um, how Lily's played out long term. And my problem is that of the seven options, six of those options lack enforcability.

And that the way the law is written there, it is written weekly in a manner that does not fix the problem if the corrective action has not taken place. And I hate to say it because it's m I love dogs, but I also feel a need to protect the general public, feel the need to protect the safety of human beings, the safety of other people's dogs, that I feel that the select board would share moral

culpability for any injuries to people or animals that take place past this if we do not vote for euthanasia.

And that's my stance on it.

Thank you.

Anything else from the board?

Well, Madame Chair, [clears throat] I may speak.

Um, I'm a little bit I guess I need some clarity about the two dogs. One, the dog who has harmed other dogs is a dangerous dog in my estimation.

I'm not sure about the other dog because I don't know how they behave. I don't know if that dog is the dogs feed off one another when they're when they're more than one.

So, they may both be dangerous dogs. I tend to think that, but I'm not sure based on comments made by the animal control officer. So, I guess I'm asking for some clarity from Mr. the Vidmar from the town administrator is to what is the the degree of severity as respects each individual dog severity in terms of danger.

So I I mean I certainly can provide a little clarification. So within your packet you have uh I would say a very high level description of of how to characterize the dogs. I know that the evidentary portion of this hearing has been closed. Um, but my uh recommendation would be based off of the testimony that's been given and based off of the accounting that the animal control officers provided. So, I know

that there's a summary where both have gotten out on various occasions. Um, you know, I I would look to that to maybe offer um um clarity and guidance to answer that question.

I'm not understanding what you're saying.

So I I think I can't I can't provide that and I can't I I don't think uh again just because of the hearing portion of it I don't think we can provide new testimony to it other than what is documented in the record. So, I don't think we can have new testimony about the incidents, but I think some of the nature of our questions here is the um the determination of given the evidence

that we already have, which is not clear to me in this incident which of the dogs is the one that that brutally attacked the other dog, but one of them did.

They both they were both involved, I think. So, um, they, so I think that of the two, you're right. I mean, dogs feed off each other, right? And I think I think both of them are involved in the attack and so they they're they're both implicated, right? Um, but I do think that you can answer questions more about the nature of what are the implications of the different types of options available to

us, right? because now instead of trying to understand the facts of the case, we're trying to understand the um the available uh remediation efforts, which I think is a different question than the facts of the case.

I understand. Um you know, I would say with regards to the difference between a nuisance and a dangerous, um dangerous dogs, there's very specific requirements we can pose for nuisance dogs. Um the actions themselves I would say are lesser in terms of a degree if it's a certain behavior certain action a certain causation for why you know those uh dogs have gotten out or why these

particular instances have occurred. Um you know we can pinpoint it to that specific reason and say hey can you can you do something about it? You know, I think some of the discussion tonight uh was that right or certain actions were taking. Hey, because of this, this action took place. Um that's where I would I would say a nuisle board has the authority to say, hey, address that action or address that behavior. Um

you know, again, putting up a gate, you know, checking the locks, you know, checking the locks on your door, getting a new leash. Um, you know, I I've I've heard getting a shot caller again in the past. Um, those are just, I guess, a couple of examples. Um, and again, the dangerous dog and what options available to the border are outlined.

Well, Madam Chair, [clears throat] I believe both dogs are dangerous and I've seen this behavior before when there were multiple dogs. We had a case before us years ago and it was more than one dog and they do feed off one another and they do instigate one another and both the dogs are involved in an attack.

Maybe one dog is more aggressive than the other and prone to bite another dog, but they're still dangerous and contributing to the problem equally in my opinion.

So we should designate we should start going according to the flowchart agreeing that both of these dogs are dangerous.

So I agree with you. I think they're both dangerous. So I think is the board does anyone want to like make the argument that they should be deemed a nuisance dog or dismissed the complaint rather than deemed dangerous?

Nope.

All right. So we're deeming that we're going down the dangerous dog route. So we heard Mr. Monday talk about um I really appreciate your your the it's very difficult to enforce the restraint laws, right? Um because I mean it's just difficult to monitor the presence and and to to see what's happening. I don't I don't like the idea of euthanizing the dogs at this point.

Um I think that I Madam Chair, I just had something. I'm sorry.

Yeah, I'm sorry. I'll let you finish.

Um, but for this portion, if uh that is the direction of the board, uh I would say that that alone should be voted on.

Um vote on the dangers.

Yeah. Vote on that path.

Um and then again, we'll have to as part of that decision um make the specific findings of fact here as to what what the reasons are for the decision of the board in this.

All right. So first, so the first um so uh so the first I'll entertain a motion to deem the dog a dangerous the two dogs a dangerous dog motion dee both dogs dangerous second is there any discussion all in favor I I that's unanimous um so then it says it should state all conditions and compliance states so that's what we're deliberating now right is the are we going to put any

conditions on the behav on what we're doing about the fact that the dogs are dangerous?

Yes. And then I I would just say uh just as part of this discussion at the end of this I will note that we do have to put this in writing which includes the summary of this hearing, the findings, what we heard for testimony and all these conditions. So I don't I don't believe the owner is still present but the owner will be received a written whatever conditions come up the the owner will be notified.

Um, so, so my thought was that when we had the the previous hearing that we had, we had some dogs that were quite problematic and, um, we ordered that they be walked one at a time and that they had to be muzzled and restrained with the leash. And I that resolved that particular issue um without having to resort to euthanasia.

Um but I also don't know that we we required insurance and I think insurance would be important. We didn't hear about how much this cost and whether the dog's owner has agreed to pay. Um but uh I think insurance would absolutely be something that I would want to see. I would want to see insurance. I'd want to be seen that they are restrained. Um and by that which would mean to me if

they are ever out Yeah, I'll let them dock in a minute.

Um if they're ever out without a leash, without another person, then that would be they I would think we'd have to come back. That kind of goes to what you were saying earlier like is there a time restriction like can we stay that we want to you know call it for a year and if they've gone a year and they haven't had a a repeat behavior or something. So that's just where I'm leaning but I I

acknowledge what you know what Mr. Mundy was saying. It's not great you [clears throat] know because it still would mean that people in the neighborhood are still fearful of the animals. Um, the dogs have already exhibited an attack against another animal, two other animals. So I it Yeah.

Go ahead. You you had your hand.

So we you are your hands are completely tied in that you have to pick one of the seven options.

Yes.

Okay. And um it even explicitly states you can't make the dogs leave your town, which is crazy.

As far as the insurance goes, you cannot require them to get $100,000 insurance bond. you require them to apply for one and they so if they do not get the insurance they just need to prove they did due diligence to attempt to get the insurance bond. So how that's going to play play out is they're going to do due diligence to get the insurance bond which nobody's going to give them the

insurance bond for. So it's that's not going to actually do anything whatsoever. And then the only penalties for violating the six of the seven um options via the Mass General law is that you can't have a dog license for five years, which these dogs weren't weren't even licensed until last year. So the penalty has no teeth in that you can just continue to have the dogs off the books and then you're talking about

pursuing matters civily. Like I don't want dogs to be euthanized.

I wish the Massachusetts general law was written better, but I feel like our hands are completely tied given to how Mass wrote the law. And I sorry that's it.

I I don't think that we're 100% bound by Mass General law. As long as we're within the parameters of mass general law and then taking it one to two steps further to flesh it out, that's within our prerogative as a select board. In other words, we're doing it within the framework of mass general laws, but we're proposing a remedy that that is adaptive to this situation and to this community.

The the way the law is written, my understanding is it's literally shoe boxes we put them in. And then it explicitly states, but that the town not having the options to do other things to include asking them to leave the town.

Well, that I mean in fairness to the law, the reason that you don't let animals you don't ban animals from a town because if it's a dangerous dog, you don't want to just ship the dangerous dog to another community. No, like we wouldn't want a dangerous dog shipped to our community, right? That's why that exists. But I agree that was a little problematic. You you've been waiting.

Madam Chair, I I think you know to the concerns that the neighbors have stated, I am not going to vote to euthanize a dog. Not here. Maybe in the future, but not at this current time. For the first time hearing about this situation, the dog can't lock the door. The dog can't unlock the door. The dog can't roam free without someone obviously being involved in that situation. And as we see in

America, it's very difficult to legislate human behavior. Um, and this is a situation where we have six citations um with really no response from the human dog owner, unfortunately. Um but I'm still not willing to take that step to euthanize um the dog. I think we unfortunately for the neighbors we maybe do a short if possible to Craig's point a probationary period of a 3-month

probationary period that if there are no incidents in that manner you know then we can move to a next step but if something happens in there then you know maybe we go along with what select board uh Monday's uh recommendation is but at at first glance I I don't see that I but at the same time for the record as you stated the dog owner has left the building has walked out of here uh not

wanting to hear what these results are.

So that gives me very little faith that no matter what we do at this table um that it's going to change that human behavior, but I think at least for the first step, we have to try to do something to that and then I would have a better conscience. Well, it's still it's not the dog's fault. I I I I would also like to see this would require town council signature from the owner that

she is going to um uh follow the recommendations of the board.

Not not that we're going to impose it and then then then hope that the person's going to go along with it. I want to sign contract.

It's madam chair. Just one more question. This is for Chris. Can you do any combination of these seven options that we have here?

So, you can select one or more of those options. So, you're not limited to one.

Um, you know, so I think to the point that was mentioned earlier, just based on the information you have, if you think one or more of these specific remedies would help in this case, that's certainly an option that the board uh can decide on as part of its decision. I I will note that we can't require them to sign a contract. However, as part of their, you know, the um the the dog

owner's rights, you know, they can certainly appeal the decision that comes out of here, which is one of the reasons why this is more or less a very legal proceeding. Why we have to do what we do?

What is the mechanism for appeal? Like who do they appeal to? The general court.

So, uh that is uh within 10 days.

Um just it's a court. It's the justice of the court. The magistrate.

The court magistrate.

Yep.

I somehow I ended up chair uh chairing a jury about 12 years ago on one of these complaints.

It was me the magic.

So it went into the it went into the district court.

Yeah.

May May I ask a question? Um, outside of the legal realm, the per your personal moral feeling, if will you feel comfortable leaving this meeting with the decisions you make, finding out potentially six months down the road that those dogs have hurt a kid or hurt or hurt an elderly person because we're making the decisions today that are going to impact people's lives months down the road.

This is just a terrible situation all around. I understand that. I'm just saying again, it's human behavior, not the dog's behavior, unfortunately. And how do we legislate that? We can try, but I'm not willing to kill two dogs because of that.

I to be honest with you, you got to lock the doors. I mean, dog dogs can bang up against the door, push open a door if it's not latched. But if you lock the door and the dog's inside, they can't undo a dead bolt.

There was there was a question from the audience. I just want to clarify the testimony is over and no, we are deliberating amongst ourselves, but there's no one else that can can talk.

is, Madam Chair, and this maybe for Chris um is this is something where if we did something like within a three-month window, we can address this and it can come back before the select board to see if there have been any issues with respect to that.

So, in my review prior to this meeting, I didn't come across anything that spoke to a probationary period on this matter.

Um my understanding is that anything that the board acts on here is a condition going forward for this dog owner that the board sets. Um but we sorry madam chair but we can can we address that at a later meeting? Not not even put a time frame on it but if there are situations in two or 3 weeks I mean it we'll be back before us. We're going to make a decision here one way or the

other as you're talking about for like new matters. new matters that happen. Let's assume if we implement two or three or four of these things and they and they fail or the owner fails to implement them and these neighbors are impacted.

Do we have any recourse?

Yeah. What what happens if they violate you put an order and it's violated?

So my what I'm getting at is can could we end up euthanizing a dog in two months because it's running around the neighborhood?

Yeah. So, my understanding is that the town can petition to take possessions of the dog. Um, and I I would just say, and again, even as a part of this hearing, if euthanasia was something that either was coming out of this meeting or at a future as a result of a future incident, we would involve town council in that in terms of what would be the steps for that um that other action.

I mean, I'm I'm just one person, but after my my thought um would be to would be the option three here, right?

Require that they're outside of their prop premises, that they be muzzled and that they be always restrained with a leash no longer than three feet long with a with the tensile strength and that we require the owner to obtain insurance. And then [snorts] I mean I think that covers the if the dog is if the dogs are out and loose and it's reported that they're loose then they would be violating this order and

then we would I I think we'd have a cause for another hearing at that point is is I mean I know I know you know Rick I'm gonna let you talk but like I mean I know the idea is well what if they attack what if the next attack happens right and And yes, I would feel bad about that. I also feel bad about euthanizing the dogs, you know. So, I'm

gonna feel bad either way. There's no good answer here, right?

Well, go ahead.

Did Did you have something?

You're right. There is no good answer, but I am not willing to risk the life and safety of human beings and children over dogs. And it's an awful thing, and I feel bad about it. But like I said, Massachusetts general law ties your hands on it. And like you go to subsection H of the general law and it talks about what the penalties are. The only penalty is she's not going to get a

dog license for five years. And my understanding is that there is no probationary period. Once you put an order in place, it's in place for the life of the dog.

And every single option other than that one has a workaround on it. Every single one of them.

Madam Chair, [clears throat] my view is and I recognize the limitations.

Uh, I think we should be as strong as we possibly can be under the law other than euthanasia and that's the best we can do. We can't predict the future. We don't know what's going to happen and I think it's sort of an unfair burden to put on us to say if you don't do this and something happens and it's your fault. I mean this is a problem here

that we have to deal with to the best of our ability within the law and within reasonable. So, I think we should do something similar to the the other case that we had where we demand that the dogs be confined and have musles and they go out and uh whatever else. And unfortunately, it doesn't doesn't have a lot here that uh that may solve the problem at all and we'll probably be back here again.

Madam Chair, I just Oh, sorry. Then I think we I I could go with those two plus mandate that they have to seek insurance. Word seek and they have and if they're unable to get insurance, we want to see uh evidence of being denied by three carriers.

Madam Chair, I'm just going to dovetail off of uh Select Board Brewer's comment with respect to number two. uh the number two option is confined to premises, confined indoors or confined outdoors in accordance with chapter 140.

So I think what you pointed out was number three that you ran through and then the insurance and then also um option two on there. So I think those three is is a stronger way to go as as we've mentioned.

Does three Okay. So two is confined to the premises which means that they can't be removed from the premises. Right.

Indoors or outdoors, right?

But then but then three gives the option to be able to be removed from the premises under a leash. Right. So I think that's the difference.

Okay. I I'm not entirely sure and fortunately we can't ask questions. I'm not sure. This dog owner was probably not out walking their dog. I'm guessing.

So, so I have the Mass General law in front of me.

So do I.

Sorry.

Go ahead.

Um, so two is on the premises. Three is when you leave the premises, it's muzzled. So they're independent of each other. Like you can do one through six.

Okay.

As an option.

Okay.

Um, so I think so I think this is where Chris was trying to leave me. So I we from the closing checklist I have here, we I know we haven't made a decision yet, but I just want to cover checklist.

So we closed the hearing. Um, right. So, we we formally closed the evidentiary record. So, the board made specific findings of fact. So, we found that the dog was dangerous. We voted on that. Are there other findings that we're supposed to be noting here?

Like, do we need to find that? Yes, we find that the dog attacked another dog, you know? So I think um you know based on the testimony that was provided based off of the materials within your packet um and just again the preponderance of evidence uh that would be including your specific findings of fact.

So the findings of fact would be the the materials the materials that the animal so we so would we need to vote to include the evidence presented by the animal control officer as finding fact? Well, we also sworn witnesses at the hearing today that I'm just trying to understand if we need a motion here.

So, I think that that is include as part of your decision for a dangerous dog, you know.

Okay.

Okay. So, yes. So, for Yeah. So, so we've already found that the dog is dangerous based on the evidence that was presented to us. So, that's the finding of fact that we needed to document.

Correct. Right. Okay.

Madam Chair.

Yes.

I point out both dogs are dangerous.

Both dogs. Both dogs. And then the the board voted on the statutory determination. So that we did. We we determined that they were dangerous dogs. So now we're on the any remedial uh order is authorized. So someone give you a motion about the remedial order.

Madam chair, just a quick question maybe for Chris.

Do we have to do it for each dog the motion or is it is does a motion cover both?

You can say the motion have to include both dogs.

Right. Thank you. Um, I make a motion to um, obviously we've already uh, addressed the dangerous dog issue, they will be confined to the premises, confined indoors, confined outdoors with accordance to chapter 140 section 157.

and when and if they are removed from the premises securely securely inhumanely muzzled restrained with a chain or other tethering device with minimum tensil strength of 300 lb and be no longer than 3 ft. And the last requirement would be for the dog owner to provide insurance not less than $100,000 of proof of reasonable efforts to obtain it.

So is that one two three and four on the little checklist we have or uh two three and four and four.

Do we have a second?

Second.

Is there any further discussion? Madam Chair, just one question to the motion is an item number five regarding I'm not quite sure what this is about, but to provide the licensing authority or animal control officer or other entity identified information by which a dog may be identified throughout its lifetime, including not limited to photographs, videos, veterinary examinations, so on and so forth. microchips

and those seem to be uh very those are humane things and I think they are necessary. So I would be inclined to add that.

So will you um amend the motion to also include option five there?

Yes, that is fine.

Was there a second?

Okay. All right. So we have a motion to second. So this is um two, three, four, and five.

So, uh, just for five for clarification, uh, are there specific items under number five that you, the board would be looking for specifically on that list?

So, the um, does animal control have a recommend like I don't know like for like my dog, that's an option.

What's the best way to identify a dog, Nick?

So, licensing is one. I mean, that that's a huge one. Yeah. By law, we're talking about um the owner or keeper of the dog to provide the licensing authority information by which the dog may be identified throughout its lifetime. So, it's not uh not limited to photographs video veterinary examination, tattooing or market ship.

So, that's basically every year the dog is required to be licensed, right? And if they are not licensed, say next year by time frame April 1st, they're in violation of the order, right? But this one's actually identifying the animals. So this is like saying tattooing or microchipping.

Uh that's pretty much it. That's how you identify dogs. Either microchip or they're wearing a fix.

Okay. So, one of those options, I guess.

Well, I strongly re recommend a microchip that because somebody has to do that and if the owner would do that, that would be an indication that they want to solve the problem. If they don't do it, then I think we still have a problem. So, I would make that a requirement.

All right. So, we amended the motion to include number five, but I think we're going to amend it again to include five, specifically microchipping the animal.

Is that okay with you, Jake? And was that okay with the second? Yes.

Okay.

Anything else?

All right. So, we have a motion in a second.

Um, we've already found the two dogs, Raina and Tally, to be dangerous. We are ordering them to be combined to the premises in accordance with chapter 140 section 157. We're requiring that when they removed from the premises, they be securely humanely muzzled and restrained with a tethering device of no more than 300 or three three feet. Um that they are ordered to provide insurance.

There's there's the whole paragraphs what we should be including in the in the instructions to the complaint and then the um provide the insurance or the the ability to get insurance or three refusals on the insurance and then the lifetime identification via microchip.

All right. All in favor?

I I any opposed?

Nay. So we have four in favor and one opposed.

Um so oh it's we were supposed to have so we had the conditions. It said the compliance dates. So should we vote on the compliant the days should be how long do we give them to comply? They're I would go with my original three. Well yeah the compliance should be within I would say the next 30 days.

Yeah.

All right. So you expect the So I think we might need another motion for that.

So I think the motion would be they the owner I think the confining the dog should be immediate and then ship and insurance maybe 30 days.

Sure. You want to make that motion?

Is that okay? So that's a motion. Did you get that Carla?

Yes.

All right. Go ahead Rick.

I would say that the um section three should be immediate as well.

The muzzling and the 300lb tech.

So the muzzling the the restraining the dog, keeping them on the premises, that should be immediate. But the so the licensing I'm sorry the proof of insurance and the microchipping would be within 30 days.

And I would just clarify it's going to be the date that the um written determination is provided to them is provided to the owner. So we're going to so we're going to be directing you to prepare serve retain the written order.

We're going to be relying on Nick to let us know if it is violated in a way that he is finds out about it.

Okay.

All right. We didn't vote on that second motion though, did we?

No.

No. All right. All in favor?

I oppose.

Nay.

So, four in favor and one oppose.

All right. Um and so you are clear on the next steps the um the notice the serving of the of the paperwork that and uh the written order.

Yes. Okay.

Um, all right. Is there any other any other technicality I've missed here?

I don't believe so.

Okay. All right. So, I'm going to close the hearing on the dog. I'm just going to ask you're welcome to stay because this is a public meeting and we have lots of interesting topics. But if you leave, please don't talk in the hallway because it's very disruptive to the meeting going on.

All right. Thank you for coming.

Talk outside. It's a nice thing.

Go outside and chat. That's fine.

Um, so the next item we have on the agenda is uh the director of senior services recruitment.

So who do we have for this?

Uh, so this evening and uh she can come up right now uh we have Lauren Monttoello. Um, so the I'll just kind of give an overview. So within your packet uh you have Lauren's uh resume [snorts] and cover letter that she submitted along with just a summary uh recommendation from the screening committee. Uh so um as the board recalls the town went downstairs and started talking.

[laughter and snorts] Um the town advertises position on its website, MMA, MCOA, Indeed, LinkedIn. Uh the town received 24 applications uh including several and Lauren included current council on aging directors. Um we held two uh rounds of interviews and uh our committee um named Warren as our sole finalist by unanimous recommendation. Um Warren like I said is currently a COA director. She has more

than 10 years of experience working with older adults and experience managing staff budgets programs outreach and community partnerships. Um, we found Miss Monttoello very knowledgeable, experienced, and um, she received strong recommendations. So, with that, I'll turn it over to the board.

All right. And Dick, you were on the screening committee, right?

Yes, I was. I was part of that and enjoyed [clears throat] meeting Lauren and others. And uh we felt after good debate and discussion and asked a lot of questions that Lauren was well suited for the job has an impressive background not only in a Kushnet but before that several noteworthy experiences uh in healthcare. So uh it was unanimous that we bring her came to see before the board for action.

Right. Thank you. So um interviewing for positions for town positions is always a little tricky because um a normal interview you ask a lot of detailed questions which is why we have a screening committee right. So the so the as you heard we miss Miss Montichello has been through a lot of um interviews already. So I I know this is going to seem a little cursory for a job interview probably but um it's just the

nature of it. She's already been pretty well vetted. So, um, but I want to give the opportunity for, um, uh, the board here. Um, well, actually, why don't we just hear from you first? Can you just tell us a little bit about what attracted you to Westport or what you would look be looking forward to working here in Westport?

Sure. Um, so I've been um, the director of the Council on Aging and Cushion for the last um, almost two and a half years now. Um, and when I saw that this position was available, I looked into it a little bit further and I was actually really excited with, um, for me it just would be a professional growth opportunity. Um, I liked that there was the support of day setting along with

um, you know, the transportation. Um, it does seem as although it's a little bit bigger of a center than what I'm used to, um, so I was excited about that.

sometimes um in my current position, I do feel a little bit limited in what I'm able to um provide as far as services go. And it's just because we're we're such a small community. Um so I was actually really excited about um the fact that this did seem as though it could be um a little bit more of a a challenge for myself and um I did learn that there was um the potential for um

growing the Council on Aging and perhaps moving to a um a bigger and different location. Um, so that was an exciting aspect too that I would look forward to.

So overall, I think that um the knowledge that I have and all the experience that I've gained throughout the number of different positions that I've held um I'd be able to bring that to the town of Westport. So I was really excited about that.

Thank you.

We have questions.

Just one one question. And obviously the screening committee that uh select board brewer and others were probably a lot more educated on this. the uh director that we recently had or recently retired was very strong with securing grants. If you know that obviously the council of aging is very um dependent on these grants and and she did a very good job obviously securing those grants and

bringing them in here to the town of Westport. How is your experience with obviously the grant writing process, applications and various things that go into kind of securing those funds um you know that you've done in the past?

Sure. Um, so I have applied for a number of different grants um, with my time um, with the town of Aushnet. Um, unfortunately there's lots of people applying for the same grants and not always enough funds to go around. Um, so I'm always on the on the hunt for different um, grant opportunities. I've worked with the town planner along with our state reps um that also work closely with our center. Um, and we do have a

number of different grants that we currently are awarded that I do all of the um, reporting for each month. Um, so I think just knowing who your, you know, community resources are and working closely with the town planner or any other um, you know, town departments would be helpful. Um, and just being able to be on the lookout and um, knowing where to find those grant opportunities also.

Great. Thank you.

Nice seeing you again, Lauren.

Yes, you too.

Can you just talk about what your like first 30 60 90 days would look like when you come on board? Like what is what do you see? You know, how do you start?

Sure. Um I think just kind of walking in and just observing. I think it's really important to kind of get a a feel of um you know, the situation. I would never walk into a new um a new position and start making all kinds of uh you know, different decisions. Um, I think really speaking with the staff, um, and then just speaking with the, um, the patrons that you have coming in as well, I think

is really important. Learning, um, again, all of the different departments.

Um, all of the towns are pretty similar as far as, you know, departments, but different personalities and learning all of those, um, aspects of of the position as well. And just really putting yourself out there. I think people um, you know, the patrons themselves, they're always excited when somebody new comes in. I took over for a director that um held the position for um a significant amount of time. So when I

walked in, they said, "Who's this young girl taking over?" Um and I really had to work hard to to win them over. Um and I think I did an okay job with that. So I think just really putting myself out there and getting a you know a feel of the the community is is really important.

I know there's going to be a little bit overlap between you and Bev Bush and she's been doing an amazing job and those are very tough shoes to fill. What are some things that you're trying that you would like to um ask her in the first 30 days? Sure.

Um I think just asking her what works, what doesn't work. Um and she would know the the kind of like the um the very specifics of um you know, personalities.

Um if there's anybody that would be my go-to person. Um I think being able to have somebody to rely on is really important, especially being in management. um in being able to to find that one person that you could ask questions to um any um specifics to the building. I work in an old building currently um and there's always different funky things that go on. So I think if there was anything specific to

the building itself um and again just any um insight or any tips that she would have for me that would make me successful.

Thank you.

So, I think the um correct me if I'm wrong, but I think that um that I think the appropriate motion here would be to um authorize the town administrator to enter into negotiations with is is that for an employment agreement?

Yes. So, uh this evening, if the board's ready, uh it would be uh to appoint Miss Monttoello to the position of director of senior services uh subject to a negotiation with the town administrator.

um passing a background check and the other pre-employment uh requirements.

I'll make a motion to that effect.

Second.

Is there any discussion?

All in favor? I I That's unanimous. Welcome aboard. I hope we can make it all work out, but uh work with Chris in the meantime. Thank you.

Welcome to the team.

Thank you. I appreciate it.

And don't you all congregate in the hallway and talk either two of you go outside.

Um All right. So we did all of the items under three. So now we are on 4 A. We have a request from Rebecca Priest to accept her resignation effective July 24 2026.

This is a uh uh resignation from the building department. Uh move to accept Rebecca Pete's res uh resignation with regret.

Second.

Any discussion? All in favor?

I we have later on. We have the posting of the position, right? Just later.

Yes, we do.

Um 4 B, we have a request to recommend G. Magguire to the Council on Aging.

Madam Chair.

Yep. As the leazison to the council on aging, I would like to state that I met Miss Maguire at the last meeting. Uh there were there are two vacancies at the present time for Council on Aging.

Um we we have a second candidate we're interested in also, but that person was not available at last week's meeting.

So, Miss Magguire came and uh has an impressive res resume in healthcare. uh she'd make a great uh member of the Council on Aging. We believe she'd be a fine participant and so uh I would recommend that she be appointed to the Council on Aging. Gene Magcguire, is that a motion?

It's a motion.

Second.

Any discussion? All in favor?

I I [clears throat] That's unanimous. We have a request to appoint Mark Thompson as a regular member to the historical commission. Anybody want to talk about that one?

So, we have a um a letter.

Um Carolyn Bolter does not want to be reappointed. So, she's in retiring. So, that leaves an open position to move Mark Thompson from an alternate to a full member.

Alter. I move him to be a regular member of the historic commission.

Second.

Any discussion? All in favor?

I.

I. That's unanimous. So, this is still appointment season because we're still catching up with all the appointments.

So, um I will entertain a motion to appoint the following people for one-year terms except the agricultural commission is a three-year term. Um to the shellfish advisory committee, Richard Smith, Dean Lenling, Ronald Searia, Kenneth Manchester, Christopher Brewster, Shellfish Constable, Kevin Carter, Andrew Manchester, William Chase, Raymond Jarvis, Ransom Morris, Joshua Moer, Douglas Murphy, Jonathan

Paul, James Perry, William Shaw, Gary Trip, Citizens for Citizens Representative Thomas Auben, the A commission, which I said is three years, Norman Anderson and Deanna Levante, and secondary records access officer Michael Burus.

Do I have a so move from motion to approve the appointments?

Second, Madam Chair.

Any discussion?

All in favor?

I. That's unanimous.

We have a request to approve the job description of the zoning board administrator position and to authorize the job posting. So Chris, you want to tell us about this one and are you're here to talk about you can come forward.

Um, yes. So, if the board recalls as a prior meeting, um our current zoning board administrator did submitted a resignation um currently scheduled uh to wrap up at the end of August. Um you know, again, prior to this meeting, took the opportunity uh to review the job description. I know uh it was uh looked at a couple years ago um similar to what we've been doing with our other

positions. Um, I took a look through it, you know, again, you know, with this, uh, upcoming opening. Um, like I said, I reviewed it. There's some minor updates.

Um, the biggest ones were just changes to the format. Um, we cleaned up some of the language just for succinctness. Um, you know, and uh, really what's before you this evening, central functions are aligned with the prior version of the position. So, there's no substantial change there. Um I I will note one uh change that was made to the position uh with this update job description is the

prior version did ask for a bachelor's degree. Um it is my recommendation and what's before you this evening that that be an associates degree. um it does not change the grade of the position, how it scores, the essential functions of the position, but um it is my recommendation because again uh this is a part-time position up to a certain number of hours and I and I don't want to limit the

applications that we receive in um from prospective candidates.

So, um, and again with the board's approval tonight, we would post it, um, tomorrow and this week.

All right. And you're, Mr. Manard, are you are you still the chair of the ZBA?

I'm still the chair.

All right. Have you just Roger Bernard, chair of the zoning board of appeals? Um, this is this is one meeting after what you guys went through with the dog. I'm glad I'm on this side, not on your side. Hey, ZVA way worse than Yeah, but I I really feel for you because what you guys went through was really difficult.

Um I would like to see though a copy of the posting before it goes just to see what the changes are. The zoning administrator is the most important job in the zoning board of appeals. It's the only paid job. Everybody else are volunteers. U Maria Branco has been uh the zoning administrator for the past several years and she's done really an outstanding job. I can't say uh as much

about her. U Maria recently had decided to resign uh her her job as a zoning administrator due to work conditions issues with uh the town administrator.

I I I I actually called Chris before this happened and said, you know, Maria is very important to us. Um I I think it would be important for you to sit down with her and see if we could come to some resolution on this that that didn't happen or wasn't able to happen. So that's the reason why she resigned.

Um finding a suitable replacement for the zoning administrator is going to be difficult. And I and I had talked to Chris about this a week or so ago. Um, it's it's a part-time job which does not have a set number of hours because because zoning applications are petitions that that come in whenever they come in. They could we could get five in a month. We could get one in three months. So it's um it's it's it's

what we did find. We went through this before before Maria and it took us a year to find a suitable replacement just because of uh of the requirements for the position and the hours that that are worked and the fact that it's not a it's not a constant uh revenue stream.

Um the the zoning administrator does essentially all the work for the zoning and there's some things in there that are that are way way beyond administrative.

uh interfacing with the public uh interfacing with our lawyers, writing the decisions. These are all things that are very highly technical.

Uh I believe that we are going to be without a zoning administrator for some period of time. Um due to legal constraints, the absence of administrator is going to hinder the board's uh capability to uh to perform its function. So, we will not be able to have hearings until we actually get a new administrator.

If that happens, according to state law, any petition that comes in will be automatically approved without without town input. That's the state law.

It's therefore really really important for all of us, the town, the board, you know, everybody that we that we really expedite the uh the the process of uh of replacing the zoning administrator. I don't think anybody here wants to go through the process of having petitions come in and because there is no zoning board of appeals to review them, they get automatically approved.

I mean, all this could have been avoided, but we are where we are. And and like I said, I think it's just really really important that we uh that we really expedite the process of of hiring a a new town I mean zoning administrator.

Craig, questions.

I I concur. Um, however, is it possible to reach out to another community that has a similar position to see if we can get a chunk of time of that individual to work here? Yeah, you've done that for other positions in the past.

Yeah, I was going to ask Chris, do you have is there a backup plan here?

So, one of the things that we discussed in our meeting uh was uh to identify that transition obviously um the specific areas of concern uh specific applications that they know are coming up before them and the ZBA. I know that um that transition plan is something that I intend to work on with uh Maria in the over the next month, month and a half. Um and certainly we are not going

to be in a position or I'm not going to put the town in a position where we can't process applications. So um I I do intend to uh bring forward recommendations for interim solutions while the positions advertised. Um, you know, my hope and as I discussed in my meeting is, uh, if we can, um, post this position expeditiously. Um, you know, we will have a good few weeks of getting applications in um, so that we can

review those and determine next steps.

Um certainly looking at other communities, I'll explore that option and I I appreciate that suggestion, but um I I do want to make sure that we are meeting our statutory obligations if um you know there's a hearing or an action that needs to go before the CPA.

I I can sort of tell you what's going to happen in the next few months. We have a hearing scheduled in August that Maria will still be here for. So that's not an issue. We have two one or two two petitions that have come in that we're tenatively going to be scheduled for sometime in September when Maria will not be here. In that case, we won't hold a hearing for it because we will not

have unless obviously we hire somebody in between. Uh so it's uh it's not it's not in the next month or two that's going to be a problem. Well, you know, that's it's well, actually, the the September hearings, we we more than likely will not be able to to uh uh to hold a hearing because we won't have an administrator to sit with us and then write the decisions and do all the things that the administrator does.

I mean, that's I guess this is what we're going to have the town administrator explore, like contracting services to do that if we needed to, that kind of thing. So, I I think I think you're right to call it out as a risk and and I think that's I I think we need to look to remediate because I don't think not holding hearings is the right answer.

I I absolutely agree with you. I mean, that's the worst thing for the town. Uh we I mean, we have rumblings of potential 40b coming in. Nobody in a right mind would want to have a 40B approved without any input from the town. That would be a total disaster.

Yeah. All right. So, the but the action before us tonight is to approve the job description and authorize the immediate posting of the position, right?

Yes.

And just to clarify, the way the position is currently listed as an associates degree associates.

Okay. Thank you.

Mush approve.

Second.

Is there any further discussion?

All in favor?

I. That's unanimous. Thank you.

We have request to approve the job description of the production assistant and authorize the immediate gentleman.

Oh, sorry. Sorry. Go ahead.

You said Maria and I didn't make the connection. You wanted to make a statement.

Yes, I do.

Go to the other one. It's on.

That's okay.

I'm George Stelgus. I live at 765 Hicksbridge.

I'm a volunteer goalkeeper coach for the high school soccer team and a volunteer member of the ZBA.

I've served in the Army for 20 years.

Because of that service, I've been exposed to more PTSD than I ever wanted to be. Three of my friends came back from Iraq and Afghanistan, and they're no longer with us. Now, as for me, I watched both of my parents die horrible deaths from smoking related illnesses.

I watched my father lose over 125 pounds. I watched my mother suffocate in a room full of oxygen and there was nothing her children could do to help her.

If you put me in that situation where I had to work with a smoker in a small office, eight hours a day, 5 days a week, I would suffer consequences mentally. My job would would suffer and I would suffer PTSD.

Now, if you're a smoker, that smell does nothing to you. Nothing. If you're hyper sensitive to it like I am, it is bad.

And Maria wanted to avoid that situation. And I can't blame her.

Thank you.

All right. So, we're on um 5B. Request to approve the job description of the production assistant and authorize the job posting. Do you want to tell us about this one?

Uh certainly. So, um the town recently, uh was notified that our production assistant position was opening. Uh in preparing to post the role, um came to my attention that the town, uh at least for my records, didn't have a formal job description approved, uh for the position. So, um before you this evening is a job description for the position.

Uh it's not [snorts] exempt. It's a non-union part-time role within our enable [clears throat] access department. Uh that's within your packet.

So does um one question about this job is I I'm not sure what all the roles I should know this because I'm on the cable advisory committee, but um they it says here they require associates degree, but we frequently hire high school students in Is it a different job?

Yeah, this is a different job.

It's a different job. Okay.

All right. I didn't want to like that.

We have some great high school students that are doing stuff. So this doesn't mean we couldn't it's not a different job. The person who held it for the past year.

Yeah.

He quit.

Right. Okay. But this is this doesn't mean like across the board we can't hire high school students. No. Okay. All right.

No.

Got it. Thank you. All right. Any other question?

Motion to approve.

Second.

Any discussion? All in favor?

I. That's unanimous. And we have a request to authorize the posting for the public health nurse.

You want to tell us about this one?

Uh yes. So actually the next two agenda items uh the board had previously uh reviewed the job description at most recent meeting. Um these items on the agenda are just uh closing the loop so that we can post these jobs and start accepting applications.

All right. So we already authorized the description. So this is the posting.

That's [clears throat] correct. And um are these union? Do we need to post them internally first or? Uh they are both non-union.

Okay.

All right. So the the public health nurse motion to approve job posting.

Second.

Any discussion?

All in favor?

I. Um and then authorize the part-time board of health clerk job posting.

Motion to authorize posting.

Second, Madam Chair.

Any discussion? All in favor?

I I that's unanimous. We already did. E.

So F is a request from Susan Brightton, the town treasurer, to sign the ban renewal for the school building construction. You want to talk about that?

Uh certainly. So uh this is renewal for a $1.75 million ban, which is a bond anticipation note for our school construction project. So as you know, um you know, part of our funding is through MSBA that we submit in for reimbursements. Um, this is a new note dated for July 30th, 2026 and due July 29th, 2027. Um, and essentially this is interimm financing uh while we work to uh do our MSBA close out and final

reimbursement.

Is there any like legal language I'm supposed to be using here?

Um, so the vote would just be to approve and execute the renewal.

Okay.

Motion to execute the renewal.

Second. Any discussion, Madam Chair?

Yes.

This is at the middle high school, I take it.

That's correct.

Yeah. What's interesting is these bands, bond in participation notes, I guess called, usually are at the beginning of the process awaiting approval to go into the bond market, finance it that way, the municipal bond, which it which we've done. So, I'm just curious as to why this is coming up now. It seems like the ban mechanism is no longer necessary. We're into full-time funding through the municipal bond

market, but there must be something here not.

So, uh, we are continuing to incur expenses and so my understanding is this is a cash flow, right? while we wait to submit for reimbursement with MSBA for amounts owed to us. Um we need this funding to bridge the gap and I know uh this is definitely open longer than I would say many other projects because we've been in punch out for so long.

Um our hope is that this is the last time we need to do this. Um okay, I understand that.

Yeah.

Well said.

We are we did have a meeting of the school building committee. I mean, there I I think most people are ready to tie out that project. Um, but it's not quite there yet.

You still have few on the punch list, right?

There's still there's still punch list items. Yeah.

Uh, did we have we had a motion?

Yes.

All right. Any further discussion?

All in favor?

I I That's unanimous. We have a request from Chris Gonzalez of the highway surveyor to execute the construction contract for PJ Keating Company for phase 2 DOT year 2026 paving improvement projects.

Chris, you want to tell us what this one is?

Uh, this is a proposed $1.27 million contract covering approximately 34,500 linear square feet or just under seven miles of paving. includes Sanford, Davis uh Donna Mason Reed Old County, uh, Mouse Roads. I believe there's one other, uh, also includes drainage, pavement markings, and pedestrian safety work. Um, the completion scheduled for October 30th, and I believe as part of the contract,

there's also uh, liquidated damages as well, so that we can get this work done in a timely manner and uh, recommend approval.

Any discussion? Motion to approve.

Second, Madam Chair.

Any discussion? All in favor?

I. That's unanimous.

We have a Now we we did the police and veteran. So, request to approve the job description of the building department principal clerk and authorize the job posting.

Uh so, this is a union position. So there uh the approval um there's not any action the board needs to take on that piece of it but uh it is in your packet just so that you can uh see what we will be posting. Um there are posting requirements again because this is a union role um with the board's approval. I do intend to reach out to see if we can post simultaneously um both internally and

you need to check with the union to see if it's okay with them.

That is correct.

Okay. [clears throat] Motion to approve.

Second.

Any discussion? All in favor?

I.

I. That's unanimous.

The town administrator report.

Uh yes. A few updates for me. Um as the board knows, uh we spent a significant dollar amount um this past winter um with the 2026 blizzard as well as the other fours we got throughout the winter. Um the town was informed that FEMA denied the request for major disaster assistance uh associated with the blizzard. Um the state is reviewing this decision, intends to file an appeal. Um and we will get further

updates from MIMA on those efforts. Um, with that being said, uh, on a positive note, the town has been notified, um, that it's eligible for approximately 369,000 through Mass DO's winter recovery assistance program funded through the fair share supplement. Um, this is something where, um, we're currently working uh, internally on to get that reimbursement request submitted um, so that we can recoup some of the

funds that we spended over uh, this past winter. Um the next thing just um with regards to the old high school master plan um the consultant had first round of stakeholder meetings this past week uh with the exception of recreation which is scheduled for tomorrow. Um they are working on just providing a summary of those meetings and we'll submit those to the town after they have their

stakeholder meeting with recreation. Um there's also a building walkthrough with them that's scheduled for this week and I believe uh both uh Rick and Jake are going to be there uh representing the board. Um the also know a couple other things. So the plane board um requested outreach to potential housing developers. Um the consultants weigh in response um and meeting participants as to who um the

plan board wants to connect with uh the consultants. Uh and then I also know that there's been ongoing coordination with regards to the well and septic testing at the site as well. And I think I believe as of today um they're working on a scope of work and our consultants are working with the trust on u that avenue as well. So uh those efforts are ongoing um and some deliverables will be

again forthcoming. Uh lastly uh just a state budget update. So we did receive our final FY27 cherry sheet. Um when it was all said and done, the town netted approximately 99,500 over uh what we had uh budgeted. So that will be um very helpful in providing the town some flexibility as we begin our FY28 budget process. And that are all my updates.

Right. Thank you. Anything for Chris on that?

No.

Um, so we have minutes of June 22nd and July 6.

I had the June 22nd one. I don't think you were not your phone.

Yes.

I make a motion to approve the minutes for June 22nd, 2026 with the corrected error that was found earlier today. Was it a substantial error that we need to know about or is it the error was um in regard to the um the word um there was an amended motion I believe.

Okay.

I amended the motion made by Dick Brewer in regards to the uh beach management plan to maintain it as the current select board policy assuming it meets all legal and regulatory requirements.

Let's do the minutes separately because this is a Okay. So, that was the June 22nd, right?

Correct.

All right. So, do we have a second?

Second.

Sorry. Second.

All in favor?

I I did you we So, we have four in favor and one abstain. All right. In July 6th, I uh make a motion to approve the minutes from July 6, 2026.

Second.

Any discussion?

All in favor? I I That's unanimous. We have a report on the bill warrant.

Madam chair, uh, at this time of year, there are always two of these bill warrants that need to be signed.

One is to close out fiscal year 26. That was a million one. And then right behind it was the first one for 2027 containing items town and school bills and town and school payroll. In both cases, uh, approval is not needed. This is merely reporting. Everything was in order, both of those warrants.

Thank you. Uh so then we have committee reports or suggestions for future agenda items. So Craig, uh the um the opioid settlement uh committee did not meet this month. So uh due to attendance issues, but the uh affordable housing trust met, we um have added two new members. one of them was in attendance.

And so, um, we actually I had met the day previously with the, uh, the, uh, architectural firm that was looking at the high school. Um and we talked about uh that uh followup in terms of having the high school project um take on as a out of the uh scope of interest of functions would include affordable housing consideration. And so that that was uh that was there were a few other

things that we did, but primarily it was also because we had several new members of the committee and a new layers on uh it was a chance for people to introduce themselves uh both former and current new members um so that we would understand each other's background, areas of expertise, so on and so forth.

Thank you, Dick. Madam Chair, I don't have any anything to report. I can't believe it because I seem to be busy, but don't have anything to show for it.

We've appointed you a million things, you know.

But anyway, uh a lot of things are coming up, but I'll talk about them next time. Thanks.

Okay. And I know I mentioned we had a school building committee. It was mostly just um approving a couple of bills and trying to figure out how to close the project. Um and then I think there's climate resilience this week later.

Is it this week?

I think I think there's a climate resilience meeting coming up.

Really?

I think so. have climate resilience going on and um there the bike and walking path committee is taking a summer break but I do want to mention that go biking sorry they're going biking um the transport station has drop off for bikes or you can leave a bike and take a bike and um that was uh in need of a little cleanup so I know some of the members of the

bike walking path committee went and um I think they moved some of the bikes out of there and then did some weed whacking and things like that so thank you to the volunteers who did that at the transfer station.

Jake, anything from you?

I do not have any updates. Thank you.

Rick, anything from you?

I have nothing significant to add.

All right. Do we have We have quite a few public here for the end of the evening, but is there any comments or statements from the public?

All right. I just want to remind people that um we still have vacancies on boards and committees if you're interested in serving in the town in some way. Also, a lot of people were recently appointed and may need to get sworn in again. I know I am on that list. So, if you have been recently or reappointed to a committee, you need to go check in with the town clerk if you haven't already.

I am not aware of any topics that are um fall under the 48 hour rule. So, as I mentioned at the top of the session or the meeting, we do have an executive session. So, um we are going to uh we will not conduct business in open session. Um, so we're going to so we're adjourning this meeting or we're just Are we recessing?

Moving into We're moving into executive session. Um, but we're not going to have any business after the executive session to emerge to vote to Well, I have to read the whole thing.

Okay.

So, I will entertain a motion that you can make in a minute. Pursuant to Mass General Law Chapter 38, section 21A, where the select board will enter executive session for the following purposes. A to discuss the reputation or character of or complaints or charges brought against a public officer, specifically a select board member, unless the individual request that the discussion be held in open session. B to

conduct strategy sessions in preparation for negotiations with non-UN personnel, specifically the director of senior services. and C to discuss strategy with respect to litigation if the chair declares in discussing an open meeting may have a detrimental effect on the litigating position of the town.

Specifically, Robert Brana, trustee of the ANC nominee realy trust versus town of Westport Historical Commission, Bristol Superior Court case numbers 2473 CB00000032, 2473 CP 0 CB00249 and 2473 CB00275.

So moved.

You have to say your name.

Craig Der.

Second. Richard Brewer.

Um, all in favor?

I. Richard Mundy.

I Jake Mcwigan. I Shauna Teiz.

I Richard Brewer.