Board of Health

Office of the Board of Health City Hall 166 Boulder Drive – Suite 108 Fitchburg, Massachusetts 01420 978-829-1870 An organizational meeting was held on July 13, 2017 at 5:00 pm. Present: Ian Murray, Chairman; Stephen Curry, Director; Sandra Knipe, R.N.B.S.N. Member; Dr. John Bogdasarian, M.D.; Susan Kowaleski, ACO; Ernest Martineau, Chief of Police; Yashira Claussell, Nicole Solomos, Nathaniel Damian. June 1, 2017 Meeting Minutes Review & Approval: Sandra Knipe made a motion to accept the June 1, 2017 meeting minutes. Motion was seconded by Ian Murray. All were in favor. Motion carries. Ian Murray made a motion to adjourn the regular meeting. Motion was seconded by Sandra Knipe. All in favor. Motion carries. Ian Murray opened the meeting at 5:18 pm. Mr. Murray stated for the record that Nicole Solomos is petitioning the Board that the dog Django owned by Nathaniel Damian of 54 Fox St, Fitchburg MA be deemed a dangerous dog according to Massachusetts General Laws 140 Section 157. The Board of Health is being asked to make a decision whether Django should be deemed a dangerous dog, a nuisance dog, or to dismiss the complaint according to Mass General Laws C. 140 Section 157 subsection (4). Mr. Murray asks that everyone respect each other and anyone not respecting one another or becomes belligerent will be asked to leave. At this time Mr. Murray would like all persons who plan on giving testimony in this hearing to please raise there right hand and understand you are testifying under oath. Do you solemnly swear and confirm the testimony you are about to give is the whole truth. All affirmed. If there are any documents to be entered please introduce each document for the record as exhibits. At the end of this meeting the Board of Health must decide whether Django should be deemed a dangerous dog, a nuisance dog or to dismiss the complaint according to Mass General Laws C. 140 Section 157 subsection (4). Nicole Solomos Petition Requesting Dangerous Dog Designation: Ms. Solomos stated on February 7, 2017 at her residence at 4044 Washington St. Unit 4, Roslindale, MA a dog attacked her Siberian husky named Tucker. Yashira Claussell exited one of the condominium buildings with a black pit bull named Django that was not her dog but was dog sitting. Tucker approached Django to play with him and Django brutally attacked Tucker. Yashira was not able to control Django. Daniel Mastrangelo, (not present) Ms. Solomos fiancé was able to free Tucker from Django’s jaws eventually; however, not before Django tore apart his leg muscles having multiple puncture wounds. Tucker was brought to Roxbury Animal Hospital, where he required surgery. They were informed there was severe damage to his leg muscles. The doctors warned them of their concerns for infection. He was brought back to the hospital because the wound did open up and needed to be cleaned multiple times a day. Tucker was in constant pain and needed to be carried up and down stairs and wasn’t able to go for walks. Tucker was very scared, he would hear noise and get startled immediately and would whimper and shake constantly. As of today the wound is almost completely healed. Solomos distributed exhibits for the record. Exhibit 1: Photograph of anesthesia being administered to Tucker. Exhibit 2: Doctor shaving Tuckers leg. Exhibit 3: Right front leg wound. Exhibit 4: After being sewed up, a drain being put in Tuckers leg to get rid of the lymph fluid. Exhibit 5: Photograph of the open wound with drain. Exhibit 6: Photograph of the open wound with drain. Exhibit 7: Photograph of the open wound. Exhibit 8: Photograph of stitched wound. Exhibit 9: Photograph of stitched wound with drain. Exhibit 10: Photograph of stitched wound with drain. Exhibit 11: Photograph of stitched wound Exhibit 12: Photograph of stitched wound Exhibit 13: Photograph of stitched wound Exhibit 14: Photograph of Django (Pitbull). Exhibit 15: Photograph of text message. Exhibit 16: Photograph of text message. Exhibit 17: Photograph of text message. Exhibit 18: Photograph of text message. Exhibit 19: Photograph of text message. Exhibit 20: Photograph of text message. Exhibit 21: Photograph of text message. Exhibit 22: Photograph of text message. Exhibit 23: Photograph of Tucker with child. Exhibit 24: Photograph of Tucker outside with wound healing. Exhibit 25: Photograph of Tucker with child. Exhibit 26: Photograph of Tucker. Exhibit 27: Ms. Solomos written letter addressed to Fitchburg Animal Control Ms. Solomos stated the dog belongs to Nathaniel Damian but he denied being the dog’s owner at first. Through several text messages and researching Ms. Solomos was able to find where Mr. Damian resided and turned it over to Fitchburg Animal Control. Ms. Solomos stated she did contact Boston Animal Control because the attack happened in Boston but the dog’s owner does reside in Fitchburg, MA. Ms. Solomos stated when she contacted Fitchburg Animal Control Officer Susan Kowaleski she was informed that there was no dog licensed for that address where Nathaniel Damian resided with the dog and she would follow up. Ms. Solomos stated Under Massachusetts General Laws, Part 1, Title XX, Chapter 140, Section 157, (a) Any person may file a complaint in writing to the hearing authority that a dog owned in the city or town is a nuisance dog or a dangerous dog; provided, however that no dog shall be deemed dangerous; (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog’s reaction was not grossly disproportionate to any of the following circumstances: (1) The dog was protecting or defending itself, its offspring, another domestic animal or person from the attack or assault; (2) The person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog; (3) The person attacked or threatened by the dog was engaged in teasing, tormenting, battering, and assaulting, injuring or otherwise provoking the dog. The hearing authority shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a dangerous dog. Ms. Solomos stated Under Massachusetts General Laws, Part 1, Title XX, Chapter 140, Section 136A definitions of statute’s language is explained. An “attack” is defined as “aggressive physical contact initiated by an animal. “A dangerous animal” is defined as “a dog that 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 own animal. A “domestic animal” is defined as “an animal designated as domestic by regulations promulgated by the department of fish and game. “Hearing Authority: is defined as “the selectmen of a town, mayor of a city, the officer in charge of the animal commission; the chief or commissioner of a police department. The chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints in a town or city. Ms. Solomos stated she feels the law is written to protect the citizens and feels it was abused. Ms. Solomos stated in her opinion Django is a threat to the community and to any other dog he comes into contact with. She is asking the Board to take into consideration that Django should be confined to his home and/or muzzled when he is off the property. Dr. Bogdasarian asked if Mr. Damian lives at the property where the attack took place. Mr. Damian stated no, he does not live there and his friend Yashira was watching the dog at the time of the attack. Yashira Claussell stated Django ran out the door and went towards Tucker. Ms. Knipe asked if Django is licensed and vaccinated. Mr. Damien stated he is not. He feels that Django was on his leash and Tucker was being playful and Django was being walked by someone new and the dog was probably trying to protect her then saw the dog coming towards her and naturally reacted. Mr. Damien stated his dog has never acted that way towards another animal or person. Mr. Damien was not there at the time of the attack. Chief Martineau stated the dog attack took place in Roslindale back in February. Boston Animal Control Group is hard to get in touch with to speak to about what had happened. There was miscommunication on both Fitchburg Animal Control and Boston. The laws have changed in 2012-2013 where prior to that the Chief was the appointing authority and could deem a dog dangerous. The process has changed where they are requiring specific boards in cities and towns to have hearing officers to look at complaints from different parties. Chief Martineau has not had a request for a “dangerous dog hearing.” This is all new to the city and after speaking with the Mayor trying to determine the appropriate board within the city to listen to the complaints and having it fall under the umbrella of the BOH because there are inspectional question marks here and thought this was the appropriate board. Ms. Kowaleski, Animal Control Officer stated on March 2 she received a phone call from Ms. Solomos regarding this incident. This was the first Ms. Kowaleski heard of this incident. She immediately contacted Jean-Francois Leblanc, Animal Health Inspector. Ms. Kowaleski contacted Boston Animal Control and spoke with someone there that said they did send a quarantine report out to the Animal Health Inspector. Boston Animal Control would not have sent anything to Fitchburg Animal Control to begin with because she is not the Animal Health Inspector. Mr. Leblanc did not receive anything from Boston. Ms. Kowaleski stated she tried to get in touch with Mr. Damian on March 13, but she couldn’t reach him. She also went to his residence on Fox St but he wasn’t there at the time. That same day Mr. Damian did return her call and she said he was upset about the incident however stated the dog was not licensed in the city and was not vaccinated. Ms. Kowaleski stated on April 4, Ms. Solomos left her a message and Ms. Kowaleski returned her call on April 5, and gave her an update on the information she had at the time. She explained to Ms. Solomon’s that there wasn’t any more that she could do other than making sure the dog was up to date with vaccinations and licensed with the city. On April 6, Ms. Solomos called and requested a hearing and would be sending a letter in writing. Ms. Kowaleski did issue two citations to Mr. Damian for not having the dog up to date and not being licensed. There has never been any issue in the city with this dog. Ms. Knipe made a motion that the dog Django is a dangerous dog and a Public Health Hazard because the dog is not vaccinated or licensed but she doesn’t feel the dog should be euthanized. Ms. Knipe stated the dog has to be licensed and up to date with the vaccinations and reported to Animal Control immediately. Ms. Knipe recommends the dog be muzzled when taken out of the penned area. Ms. Murray stated he doesn’t feel Django is a dangerous dog but would add a stipulation using a leash and a muzzled when out. Dr. Bogdasarian stated he doesn’t feel the dog is a dangerous dog based on the circumstances. Ms. Knipe withdrew her motion. Ms. Knipe made a motion to deem the dog a nuisance dog with the stipulation that the dog has to be muzzled when taken out and needs to be licensed with the Clerk’s Office and all vaccinations up to date, immediately. Motion was 2nd by Ian Murray. The vote was two in favor of the motion and one opposed (Bogdasarian), Motion carries. Ms. Knipe made a motion to close the hearing at 6:54 pm. Motion was 2nd by Ian Murray. All in favor. Motion carries. Mr. Murray opened the regular BOH meeting at 7:04 pm. City Council Petition #194-17 (Delays for resident use at the Fitchburg/Westminster Sanitary Landfill) Discussion: Mr. Curry stated there is a petition from the City Council that is directed to the BOH. The petition is from Councilor President Michael Kushmerek. The petition states that Councilor Kushmerek and resident Keith Conner to investigate and mitigate increased delays for resident use at the Fitchburg/Westminster Sanitary Landfill (hereinafter called FWSL). The FWSL has recently been approved to accept additional wastes and several other landfills in Massachusetts have closed which has caused the FWSL to become very busy at times. Mr. Curry will be meeting with Waste Management Officials to discuss this petition and potential remedies and will report back to the BOH at a future meeting. Mr. Murray made a motion to adjourn the meeting. Motion was seconded by Ms. Knipe. All in favor. Motion carries. Meeting adjourned at 7:30.