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HomeMy WebLinkAbout2024-10-09 Animal Controls Appeals Committee MinutesAnimal Controls Appeals Committee Date: 10/9/2024 Building: Reading Public Library Address: 64 Middlesex Ave Purpose: Hearing Attendees: Members —Present: Time: 6:30 pm Location: Community Room Session: Open Session Version: Draft tttCEIVEU FOINN CLERK r s'--) �Jr� MA. 2725 JUL -2 AM 1: 43 ACAC Chair Salvatore Clemente, members John Miles and Richard Robbins, and associate member Tara Gregory Members — Not Present: Other Present: Animal Control Officer Kevin Nichols, Town Counsel Jennie Merrill, Town Clerk Laum Gemme, dog owners less Ames-Balicki & Scott Balicki, attorney Eliza Minsch, dog owners Scott Simpson & Corrin Wolf Minutes Respectfully Submitted by: Tara Gregory Topics of Discussion: ACAC Associate member Tara Gregory opened the meeting to order at 7:00 pm and began the discussion to elect a new chair for the Committee. ACAC member Gregory then nominated member Salvatore Clemente to serve as chair, he was elected by a vote of 3-0 (Clemente, Miles, Robbins). Chair Sal Clemente then opened the Public Hearing and explained that anyone who wished to speak that he would administer the oath that any testimony given was to be truthful and that it was done so under the pains and penalty of perjury. Mr. Clemente then administered the oath to Kevin Nichols, Jess Ames- Balicki, Scott Balicki, Scott Simpson, and Corrin Wolf, to which they confirmed they would be truthful. Dog owners Scott Simpson and Corrin Wolf rose to speak. On July 17, 2024, Mr. Simpson was walking his dog, Finn, a border collie, at the intersection of Lowell Street and Grove Street by Mark Tango's Plumbing. Mr. Simpson noticed a large dog, later identified as Wally, inside a vehicle, bouncing off the window, while he and Finn ignored the dog and continued walking. The vehicle's window then suddenly rolled down and Wally jumped out at full speed, without hesitation. Wally grabbed Finn by the neck, Mr. Simpson removed Wally from Finn, while an employee from Tango's, Dominick Tango, intervened. Wally bit Mr. Simpson's hand repeatedly. During the scuffle, Finn and his leash became wrapped around the No Parking sign and choked. Mr. Simpson then went to Urgent Care while Ms. Corr -in Wolf took Finn to the vet to be seen. The vet said that his collar likely saved his life. Mr. Simpson believes that this could have been a fatal attack and wants to protect the public from it happening again. Mr. Simpson has owned Finn his whole life. Finn is a 7-year-old Border Collie, approx. 65 pounds, and neutered. Mr. Simpson stated that the total bills for his care and Finn's totaled approx. $1200. Ms. Wolf took Finn to Massachusetts Veterinary Referral Hospital in Woburn. She stated that the vet had to shave Finn's neck to clean the wound and had to be sedated. Finn was then prescribed antibiotics and anti - anxiety medication; Mr. Simpson was also prescribed antibiotics for the cuts and scrapes on hands. Ms. Wolf stated that they had to pause dog walking for a few weeks. Ms. Wolf relayed that the dog walker wasn't surprised by which dog attacked Finn, the dog walker had noted Wally's behavior at home when she and Finn would pass by. Ms. Wolf stated Finn is typically a friendly and playful dog, however since the incident, Finn has been more hesitant to play with friends, more anxious, and on edge. Mr. Simpson stated Wally had to cross traffic to reach Finn and asked for Wally to be required to wear a muzzle. ACAC Chair Clemente asked if Mr. Simpson had anything to add, and he stated that he did not. Animal Control Officer (ACO) Kevin Nichols rose to speak and read through the report submitted to the ACAC that summarized the event and the response. Following the incident, Wally was placed in a mandatory 10-day quarantine and after investigation found no other prior incidents with Wally. Wally successfully completed his quarantine at the Balicki home. Wally has been through training at K9 Performance, he started there in 2022 per his trainer Jacob Whiteford. Wally had reactivity issues and was worked with to the extent that he was socialized and approved for day care with other dogs and boarding at this facility with no issues to date. Mr. Balicki signed Wally up for remedial training with the same trainer starting September 24, 2024, and has purchased a car harness to prevent the ability to escape the vehicle. Mr. Balicki states his dog is always leashed and again no prior reports of Wally running loose would indicate there isn't any issue. ACO Nichols stated that based upon his investigation and evidence, there are no issues and recommend no further action at this time. ACO Nichols stated that he had no interaction with Wally but had seen him in person. ACO Nichols reiterated that Finn's vet report indicated the wounds were superficial. ACID Nichols believes that if Wally wanted to hurt Finn, he would have and that the event was more of an unfortunate incident. ACO Nichols stated that the office recommends no action be taken, Wally is not considered a nuisance or dangerous dog. ACO Nichols stated he has been an Animal Control Officer and Police Officer for 30+years, that he doesn't believe in using muzzles bemuse it restricts a dog's ability to protect itself, and he believes that Wally could break the window at the house if he wanted to. ACAC Chair Clemente asked if ACO Nichols had anything to add, and he stated that he did not. Dog Owners Jess and Scott Balicki rose to speak. Ms. Balicki opened by expressing how apologetic she was that the incident occurred. Ms. Balicki stated that Wally hit the window button, which caused the backseat window to open, and then he jumped out. It all happened very quickly while they were stopped at a red light. When Ms. Balicki realized Wally had escaped the car, she immediately reacted to containing Wally. Mr. Balicki explained that they adopted Wally 4 years ago as a rescue, he weighs approximately 90-95 Its, and they walk Wally at least twice a day and he attends day care at K-9 Top Performance 2-3 times a week. The family adopted Wally at the request of their own daughter, as the victim of a dog bite. While riding her bike, the Balicki's daughter was bit on the calf by a German Shepherd. The Balicki s filed a police report on the incident, but didn't understand why the incident wasn't escalated to a hearing like this incident. Mr. Balicki showed images of their daughter's injuries from the dog bite. Mr. Simpson and Ms. Wolf also showed images at this time of the injuries to Finn and Mr. Simpson ACAC member Gregory asked the Balickfs about the type of e-collar training that Wally was enrolled in after the incident at K-9 Top Performance. ACAC member Gregory asked who is involved in the training and the type of setting, i.e. individual classes, group setting, and who is the primary trainer at home. Mr. Balicki responded that the trainer works individually with Wally and works primarily with Mr. and Ms. Balicki. Wally has been responding very well to the training. ACAC member Gregory asked the Balickis about the type of leash and what measures the owners take when Wally is off property. Mr. Balicki recognizes that Wally is not the type of dog that can be off leash like their previous dog. Mr. Balicki stated that they actively avoid walking by Finn's home to limit the possibility of the dogs encountering each other again. Ms. Balicki stated that when Wally rides in the car, the window lock is activated and Wally is attached to a harness in the backseat, which further secures Wally in the car. Mr. Balicki stated that Wally was immediately enrolled in classes at K-9 and at the time of the hearing, Wally had completed 5 of the 6 training sessions and was responding well to the training. ACAC Chair Clemente asked if Mr. or Ms. Balicki had anything to add, and they both stated that they did not. Mr. Simpson and Ms. Wolf rose again to answer questions. ACAC member Gregory asked if there were vet bills and photos that could be shared with the committee. Ms. Wolf presented the board with copies of the various bills and the images of Finn and Mr. Simpson's injuries. ACAC member Gregory noted in the letter from Mr. Simpson that he described instances of Wally pulling on the leash in public settings and bouncing off the windows of the Balicki home while Finn is walking past and ACAC member Gregory asked if Mr. Simpson had kept a record of those instances or had videos or photos of the concerning behavior or account from other neighbors concerning Wally's behavior. Mr. Simpson noted that he did not keep a record or have video, photo or other accounts to share. ACAC Chair Clemente ACAC member Robbins asked if Mr. Simpson was made financially whole following the incident. Mr. Simpson stated that he had filed a claim with the Balicki's home insurance and will be made financially whole. Mr. Simpson emphasized that he did not want what happened to him and Finn to happen to anyone else. ACAC Chair Clemente asked if Mr. Simpson or Ms. Wolf had anything further to add, and they both stated that they did not. ACO Nichols rose again to answer questions. ACO Nichols emphasized that he believed this was a one time "freak" incident and there are no indications that Wally is likely to reoffend. ACO Nichols strongly believes that the ACAC should not recommend any further action at this time. There remains a record of the incident but does not further designate Wally as a nuisance or dangerous because of the serious implications to other aspects, including homeowners' insurance and the ability of the dog to leave the property. ACAC member Miles asked about the quarantine and ACO Nichols stated the quarantine was completed at the Balicki home. Wally's rabies certificate is current, and a 10-day quarantine was required by state law. ACAC member Miles asked if there were any other incidents with other dogs and ACO Nichols responded there were none. ACAC member Gregory asked ACO Nichols to clarify his position on muzzles and why he believes they are not effective. ACO Nichols responded that muzzles restrict a dogs ability to defend itself and its owner if attacked by another dog. ACAC member Gregory stated that they are struggling with the definition of a "dangerous dog" and that the incident appears to met part 1 of the criteria: "a dog either: (i) without justification, attacks a person or domestic animal causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal." ACAC member Gregory stated that the incident meets part one of the criteria. ACO Nichols reinforced that he does not believe Wally poses a threat to anyone and the designation of nuisance or dangerous dog is unnecessary. ACAC Chair Clemente asked if ACO Nichols had anything to add, and he stated that he did not. ACAC Chair Clemente asked if any other parties in attendance were interested in speaking to please do so now. With no indication of further speakers, ACAC Chair Clemente closed the public hearing for the ACAC to deliberate. ACAC member Robbins stated that he does not believe that Wally needs to be designated as a nuisance or dangerous dog and doesn't believe that any further action is required. ACAC members Clemente, Miles, and Gregory agreed. Town Counsel Merrill said the ACAC could dismiss the complaint, could decide that the dog is a nuisance, or decide the dog was dangerous. She stated there were further implications if the dog was deemed a nuisance or dangerous. ACO Nichols stated that it would have a significant impact on the Balicki's home insurance with the possibility that the family may not be able to obtain a policy in the future as a result of the designation. ACAC member Robbins asked Mr. Simpson if they were interested in retracting their complaint, otherwise the ACAC could make a ruling. Mr. Simpson stated that he did not want to retract his complaint and wanted to let the committee make a ruling. On a motion by Mx Gregory, seconded by Mr. Miles the committee voted 3-" to dismiss the complaint. On a motion by Mx Gregory and seconded by Mr. Miles the committee voted 3-0-0 to adjourn.