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OFF-LEASH TASK FORCE - Mtg Summaries

The following are NewtonDogs' unofficial off-leash task force meeting summaries. Official minutes are available at www.ci.newton.ma.us/Aldermen/OLDPTF/OLDP.asp

May 12, 2005

Committee members present:
* Alderman Susan Albright
* Alderman Mitch Fischman
* Amy Koel, ward 1/2 citizen rep
* Paula Palumbo, ward 3/4 citizen rep
* Leslie MacGregor Levine, ward 5/6 citizen rep - (withdrew 3/06)
* Richard Tucker, ward 7/8 citizen rep
* David Naparstek, Health Commissioner
* Fran Rice, Parks and Recreation
* Norman Richardson, Conservation Commission
* John O’Connell, Animal Control Officer

Shawna Sullivan of the City Clerk’s office was also present and will be providing assistance to the committee. Other attendees included Alderman Johnson, about eight citizens and a Tab reporter.

The meeting was called to order by Alderman President Baker. He read the resolution establishing the Task Force and commented on the charge before the group. He suggested that it would be helpful if the Task Force were able to act by the end of the current term which would mean docketing any recommendation by late October. With the support of the members, Alderman Baker nominated Alderman Susan Albright to serve as Chair and citizen representative Dr. Leslie MacGregor Levine as Vice Chair. These nominations were approved.

Alderman Baker recognized Alderman Johnson who then spoke briefly on the work done by Programs and Services leading to Task Force formation. Alderman Baker then went to another meeting.

Logistics discussions proceeded to establishing a meeting time. The third Thursday of the month was chosen with the current plan aiming for five meetings.
It was decided that the June meeting would seek input from the following:
* Parks and Recreation
* Conservation Commission
* Heath Department
* School Department
* Police Department
Representatives were asked to submit written position statements prior to the meeting if possible.

Shawna was asked to set up email/website access so that the public could comment and/or get information that is compiled by the Task Force. She and Dr. Levine agreed to work on gathering information from surrounding communities regarding their leash regulations.

Fran Rice planned to bring the list of all Parks and Rec lands and their current use as well as consult with Carol Stapleton on the information she has on this issue. City clerk reports 2100 licenses; estimates 4500 dogs in city.

Discussion quickly focused on the problems and issues associated with modifying the leash law. These included:
*Enforcement: “too difficult now” Alderman Fischman considers it the most important thing on the agenda.
*Resources: Amy Keol asked how financial parameters were to be considered.
*Health: the usual confusion of off-leash with relaxed compliance with the “pooper-scooper” law *Schoolyards and tot lots: Not under consideration for off-leash. All dogs already prohibited from totlots.
*Newton as a magnet for “offleash”: again brought discussion to other communities policies.

Alderman Fischman listed the following as key issues from the public hearing of 2003: Liability, health impact, conflicts between children and dogs, what is meant by a dog under control, and dog violence.

With the focus of discussion on the negatives, Alderman Johnson asked to be recognized and then commented on the need to understand the positive potential of off-leash options that include exercising with your dog as a legitimate form of recreation that deserves access to public lands, sense of community, improved self-policing by owners, etc.

The meeting adjourned without soliciting input from non-members in the audience.

JUNE 15, 2005
Committee members in attendance:
Alderman Mitch Fischman
Amy Koel, Citizen ward 1/2
Paula Palumbo, Citizen ward 3/4
Leslie MacGregor Levine, Vice-chair Citizen ward 5/6
Richard Tucker, Citizen ward 7/8
Fran Rice, Parks and Recreation
Norman Richardson, Conservation Commission
John O’Connell, Animal Control Officer
Not present: Committee Chair, Alderman Susan Albright

The meeting, which was chaired by Alderman Fischman, lasted slightly less than 2 hours. Handouts included copies of the leash ordinances from Boston, Brookline, and Weston, as well as a brief memo from task force chair Alderman Susan Albright who was unable to attend.

In the memo Alderman Albright reported that she had spoken with the Health Commissioner from Weston who was very positive about the benefits of off-leash dog exercise. The memo also reported that Brookline's Town Meeting had extended its off-leash program by an overwhelming majority. Officer O’Connell responded that he spoke with the Animal Control Officer in Brookline who indicated no problems in dog related issues during the first year, felt that there was improved compliance with clean up in the involved parks, but did feel that there was an increase in dog owners from other communities. He also reported that there was a liaison person for each park designated to work with the Brookline Animal Control Officer. Mr. Tucker reported having spoken with involved Brookline residents and will do further outreach. He also included the subject of leash ordinance modification in the Chestnut Hill community newsletter and received feedback from only one person. This person was in support of off-leash options. He also discussed the Houghton Garden area as having off-leash dog activity currently with very little problem.

Input was solicited from members of the following:

SCHOOLS - Mike Cronin, Chief of Operations for Newton Public Schools, spoke on behalf of the School Department. He expressed concern that lack of waste cleanup could lead to tracking into the school buildings. Otherwise, they had no actual objections to modification of the ordinance and have had no issues or reports of problems caused by dogs off-leash on school property. In general, school playgrounds are maintained by Parks and Recreation.

PARKS - Fran Rice followed and distributed a handout summarizing the Parks & Rec areas and their usage. He was not in favor of shared use and commented that athletic fields represent most of the fenced areas and are commonly used now by dog owners. When asked for a list of potential areas not currently being used, he was skeptical that people would travel beyond their neighborhoods. He did mention that "the only times the parks are not really used is between November 1 and April 1." However, he will work on identifying potential spaces for the next meeting.

CONSERVATION - Norm Richardson presented the views of the Conservation Commission. He indicated that there was not a consensus from the Commission. General concerns included the exclusion of sensitive habitats (e.g. wetlands), funding for maintenance, and the direct impact of use such as trampling and the effect of urine on vegetation. He did speak to the need to acknowledge the status quo (which includes dog owners using CC spaces) and potential benefits to improving the current situation, which would require a model other than increased enforcement.

POLICE - Officer O’Connell described the current enforcement. He indicated that as many parks are monitored per day as possible but that they primarily follow complaints. Has observed much variability in cleanliness of the parks with some being well-maintained. The most complaints have been from Cabot Woods (in the winter) and Cold Springs (in the spring/summer). When asked about dog bite frequency, he felt that it was often related to owners intervening in dog fights and that permitting off-leash activity was unlikely to result in an increase in the incidence of dog bits. Again, discussion with his counterparts indicated that Brookline has had a lot of success and that Wellesley residents have few, if any, issues with their policy that allows dogs to be under voice control in all open spaces.

Final discussion focused on agenda for next meeting to which they hope to invite representatives from other communities such as Brookline and Weston, and a report from Paula Palumbo, who will get more info from Boston. Parks and Rec and the Conservation Commission and were also asked to provide a list of potential spaces under their jurisdiction. Alderman Albright had indicated in her memo the need to hear from the advocates of ordinance modification who have not been included in the Task Force. The consensus was that this input should not initially be in the form of a public hearing as in 2003 but restricted to individual input. The timing for including that input was not yet decided.

JULY 21, 2005
PRESENT
Alderman Albright, Chair
Alderman Fischman
Amy Koel, Citizen ward 1/2
Leslie MacGregor Levine, Vice-Chair, Citizen ward 5/6
Paula Palumbo, Citizen ward 3/4
Norm Richardson, Conservation Commission
Fran Rice, Parks and Recreation
Richard Tucker, Citizen ward 7/8
NOT PRESENT: John O’Connell, Animal Control Officer
Also in attendance: Alderman Johnson, four citizens and a representative form the TAB.

Susan Albright, Chair, opened the meeting expressing some concern that the task force had jumped prematurely into problem solving without having developed a better understanding of the problem.

Discussion then turned to the first agenda item, conversations with Weston and Brookline regarding their off-leash policies. No representatives from the communities contacted were able to attend the meeting. The Brookline officials would be willing to host a visit but were not inclined to come to Newton for a second time. Reports were given regarding experiences in the communities:

WESTON
Alderman Albright spoke with Wendy (last name?). Weston has 127 miles of trails and the Parks Dept supplies “mutt mitts” for the use of dog walkers. It was noted that Weston has a much lower population density than Newton so they may not be a good reference. Paula Palumbo indicated that there are concerns about over use of areas such as the Weston Reservoir and Cat Rock by dog owners.

BROOKLINE
Dick Tucker spoke with Nancy Patton and Nancy O’Connor. They indicated that Brookline program was going really well. The town provided signage and leaflets but no resources for clean-up or any other funds. The anecdotal experience is that areas are cleaner since the change in the ordinance to allow off-leash. Fourteen locations were selected by the Parks Dept; only 2 are fenced and all are shared spaces. There is a contact person at each park and complaints are currently sent through the Parks Dept to the Police Dept. With the recent appointment of an Animal Control Officer, this may be changed such that the contacts would go directly to the Police. There is no attempt to check residency because federal funding conditions require that the parks be open to all. Overall, they have been “surprised” at the success and have had less than a dozen incidents of any kind in the past 18 months. The addition of evening hours is a frequent request but is unlikely;

winter hours may be extended. Fran Rice asked how many dogs were using the parks in Brookline. He indicated that discussion on talk radio was very anti-dog recreation and reiterated his ongoing concern that non-dog owners are not being represented.

BOSTON
Paula Palumbo spoke with Sita Smith in Councilor Ross’ office. Since the ordinance was enacted, no group has yet petitioned for dog recreation space. Peter’s Park, which was an existing dog park, must petition within a few months to maintain that status and has reportedly raised significant funds. This is opposed by a group organized by park abutters. Sgt Rudack, Boston animal control officer, did not have any statistics on off leash incidents but did comment that dogs are unpredictable and dog owners do not always abide by the stated off-leash hours in Boston Common.

NEWTONDOGS
Alderman Albright then asked for a short presentation from Newton Dogs. Susan Sullivan discussed the motivation for promoting a change in the leash ordinance, outlined the benefits associated with it for the dog owners and the community, discussed the potential for improvement in the current status quo which represents widespread, unregulated off-leash activity, and attempted to put the recurring concerns regarding dog waste, dog attacks, liability and impact on wildlife into perspective. The Task Force members were given a packet including these discussion points as well as information from both NewtonDogs and Dr. Leonard Marcus, a local expert on zoonotic disease transmission, responding to the potential public health issues raised by Commissioner Naparstek. Susan and Ann Dorfman then responded to a number of questions related to current practices and potential issues. It was emphasized that the Task Force needed to acknowledge the legitimacy of this type of recreation and believe that there was the potential to improve the current situation for non-dog owners if there was to be a basis for moving forward on how a change in the ordinance might be implemented.

Alderman Baker appeared briefly to thank the Task Force again for its efforts.

GENERAL DISCUSSION
Leslie Levine reported on her research into dog bites/incidents which confirmed that most incidents occur when dogs are defending their homes/territory rather than in public space. Alderman Albright distributed a memo from the Legal Dept sent to Alderman Johnson in 2004 indicating that the liability for dog incidents is clearly with the dog owner.

Alderman Johnson was recognized and commented on the fact that other recreational activities, particularly kid’s sports, were not curtailed because of the incidents involving irresponsible parents. Alderman Johnson also noted that in all her years as alderman, and as the lead Alderman on the off-leash issue, no resident has ever contacted her to complain about dogs off-leash.

Also recognized from the audience was Gerry Tishler, a Newton dog owner who spoke on the value of off-leash recreation and his conviction that this was a “solution in search of a problem”.

NEXT TASK FORCE MEETING
Thursday, September 15, 7:45 pm, room 222, City Hall

The August meeting was canceled due to vacation conflicts for several members. It was suggested that the Task Force members spend time in the parks to get a better perspective from parks users with and without dogs.

TASK FORCE WEBSITE
The city has set up a webpage where you can view official agendas, minutes, and other documents for the off-leash task force. Visit http://www.ci.newton.ma.us/Aldermen/OLDPTF/OLDP.asp.

Residents can also send comments to task force members at offleash@newtonma.gov.

SEPTEMBER 15, 2005
Task Force Attendees:
Susan Albright (Alderman)
Amy Koel (Citizen ward 1-2)
Paula Palumbo (Citizen ward 3-4)
Richard Tucker (Citizen ward 7-8)
Fran Rice (Parks and Recreation)
John O’Connell (Animal Control Officer)
Marie Lawlor (Newton Legal Department)
Other Attendees: Alderman Johnson and six citizens

Chairman Albright introduced Marie Lawlor who will serve as an advisor to the Task Force for any legal issues related to a change in ordinance. Marie emphasized the need to consider enforceability as an important facet of any proposed changes and indicated that her department would research legal issues once it was clear that they were under serious consideration by the Task Force.

The first agenda item was to hear from three citizens opposed to any modification that would revise the current lease law.

The first speaker was Charlotte MacGowan. She is a member of the Massachusetts Federation of Dog Clubs and Responsible Dog Owners and represents that group as a legislative liaison. Charlotte is an AKC show judge who raises Papillions (Continental Toy Spaniels). She asserted her opposition to any change in the leash law stating that very few people train their dogs properly and that it is best for the dogs to be on leash. She distributed leashes to the committee with the motto “Love your dog, leash your dog” and proposed that all dogs can get sufficient exercise through training. She acknowledged that the AKC did support dedicated dog parks and distributed their pamphlet on establishing a dog park (link to this is available on the NewtonDogs web site). However, she believes that off-leash activity is dangerous, particularly for small dogs. She feels that small dog owners have been effectively shut out of parks because of the threat posed by bigger dogs.

The second speaker, Lisa Van Molke, is a resident whose home abuts Cold Spring Park. She spoke about the constant presence of loose dogs on her property, as well as that of neighbors, and disrespect from dog owners who do not adequately monitor their dogs. She sees the current activity at Cold Spring as a huge problem and stated that park abutters would oppose any ordinance change that would sanction off-leash.

The safety concerns were discussed by the third speaker who lives close to Cabot Woods. She related her experience with her son being injured as a result of being jumped on by a standard poodle while sledding at Cabot Woods. While the dog was friendly and the dog owner very apologetic, the speaker made the point that even well-intentioned over-exuberance can be dangerous for children.

Alderman Albright summarized the speakers concerns and indicated that she saw much commonality in the presentations both for and against ordinance modification. Specifically, that the current law is not effective and that the common goal would be to improve the situation for both non-dog owners and dog owners alike. She summarized this for President Baker, who briefly stopped into the meeting, and informed him that the Task Force would be unlikely to have a recommendation by October which would result in the issue being carried over to the next term. The Task Force proposal would take into account issues related to locations, funding, enforcement and penalties.

Other discussion focused again on the option of creating one or two dedicated spaces. Comments from Ann Dorfman, Susan Sullivan and Jerry Tishler addressed the need to have local neighborhood options and the overuse impact of trying to funnel all activity to two spaces. One suggestion was that the ordinance change could be very minimal, such as simply adding language that stated that a leash was required “unless designated otherwise,” so that the specifics of times or locations could be decided by a designated body that could be responsive to any changing circumstances.

Dick Tucker proposed more frequent meetings in order to facilitate progress. Alderman Albright will determine scheduling for the remainder of the fall meetings. The agenda for the next meeting is to review policy of relevant nearby towns ( Brookline, Wellesley, Weston, Somerville) and use then as a starting point for the drafting of a proposal for Newton.

OCTOBER 20, 2005
Task Force Attendees:
Alderman Albright
Alderman Fischman
Amy Koel (citizen ward ½)
Paula Palumbo (citizen ward ¾)
Leslie MacGregor (citizen ward 5/6)
Fran Rice, Parks and Recreation
Norm Richardson, Conservation Commission
John O’Connell, Animal Control Officer

Chairman Albright recognized Brenda Lowe, a citizen who was unable to attend the September meeting but wanted to speak against changing the leash ordinance. Brenda read prepared remarks that focused on the fact that the city could/should not put any resources into establishing and maintaining dog parks. She did not feel it was an appropriate priority contending that other public spaces were already inadequately maintained. Due to another conflict, she then left the meeting.

Fran Rice described dog parks in Clearwater Florida that a family member is involved with running (there appear to be at least three dog parks in Clearwater, we’re not sure which one she is associated with). While it is functioning successfully, again the issue of funding the personnel and maintenance was viewed as a major obstacle for Newton.

Alderman Albright then focused the discussion on neighboring community ordinances to determine what the Task Force would consider incorporating into their recommendation. Essentially, the regulations for off-leash activity from Brookline and the AKC publication on dog parks were agreed to be appropriate.

The topic of discussion then moved to the issue of citizen involvement. In Brookline, liaisons exist for each park but the approach was designed to avoid creating additional infrastructure or expense. In contrast, the Boston ordinance puts the onus on local groups to propose off leash areas and outline how they would be run and funded. After much discussion, the consensus seemed to be that a Newton would be closer to Brookline but that involvement and commitment from interested dog owners would be key.

That discussion led to revisiting the issues of location and designated dog parks versus shared use throughout the open spaces of Newton. Fran Rice again stated his position that Little League fields be off limits. While popular because they tend to be fenced in, he feels strongly that any use by dogs undermines the investment of the League in field upkeep. Norm Richardson stated that the Conservation Commission is concerned about the impact of dogs on wildlife and flora but thought that they might be interested in trying to improve the current situation. Alderman Fischman suggested focusing on areas to specifically exclude from use and develop a pilot program that would spread use in a way that reflected current usage. It was proposed that requests for CPA funds for things like fencing of Old Cold Spring or dealing with erosion at Norumbega might be appropriate.

The next meeting was schedules for Wednesday November 16 at 7:15 with Fran and Norm charged with leading the discussion of location options.

January 19, 2006
Task Force Attendees:    
* Alderman Albright
* Alderman Fischman
* Amy Koel
* Dick Tucker
* Fran Rice, Parks and Recreation
* John O’Connell, Animal Control Officer
* Norm Richardson, Conservation Commission
* Task force members Paula Palumbo and Leslie McGregor were absent.  
Marie Lawlor of the Newton Legal Department was present.  
Alderman Johnson was present for the first half of the meeting and Alderman Baker joined at the end.  Four citizens were present.

In the first meeting since October, the task force agenda focused on evaluating the impact of a change in the leash ordinance on specific open space sites under the jurisdiction of Parks and Recreation and the Conservation Commission (CC).  Norm Richardson outlined the concerns of the CC regarding off-leash dog activity.  These concerns included protecting special habitats such as wetlands, maintaining natural states, impact on ground nesting birds, dogs chasing wildlife, the impact of additional noise and activity as well as increasing disease vectors.  While there are 15 parcels of CC land in Newton, many are less than an acre in size, have very limited access or parking and several have specific wetland habitats.  The CC recognizes that Norumbega is already being used extensively for off leash dogs and would entertain a proposal that would result in a net benefit for use of that area.  In addition, Webster Park (Off Hamond Pond) which currently has a small deer population could also be a dog-friendly area although parking and access may be limiting.  Norm also suggested that the Cochituate Aqueduct which runs through the city could be of interest but that is under the jurisdiction of the MWRA not the CC.

Fran Rice of Park & Rec presented Old Cold Spring, Cabot Woods and Nahantan Park as the larger spaces that could be considered for off leash activity. Funding for fencing and additional maintenance would be issues.  Fran also reiterated that convenience is critical for many dog owners and said that he did not believe behavior would change significantly unless there were designated spaces throughout the city (at least two per ward).  Again, the objection to dogs in Little League fields tot lots was emphasized.  

Alderman Fischman referred back to the Boston and Brookline models and suggested a need to establish what type of model would be for Newton.  Looking forward to the reaction of the Board, he also felt that fencing will be an ongoing issue.  Gerry Tishler presented to the Task Force an outline of decision points and a draft of possible signage for areas with off leash privileges.  Shortly thereafter, Alderman Baker joined the meeting.  Alderman Albright summarized the progress to date.  Alderman Baker emphasized the need for a carefully controlled pilot plan with an enhanced enforcement model in order to get approval from the Board.  

After discussion, Alderman Albright set an agenda for the February meeting to discuss
(1) specific recommendations for CC and Parks & Rec lands
(2) management of off-leash areas including, volunteer involvement, enforcement and fees.

Chairperson Susan Albright expressed the goal of coming up with a proposal by April. Reading between the lines, interest seems to be in a one year pilot with a limited number of legal off-leash areas spread throughout the city (possibly one per ward). Questions include identifying potential areas, how to fence or secure, parking, maintenance, oversight, etc.

February 16, 2006
Task Force Attendees:    
* Alderman Albright
* Amy Koel
* Dick Tucker
* Paula Palumbo
* Fran Rice, Parks and Recreation
* John O’Connell, Animal Control Officer
* Norm Richardson, Conservation Commission
* Marie Lawlor of the Newton Legal Department was present.
Alderman Fischman was absent due to a conflict.
Leslie MacGregor (Ward 5-6 representative) has resigned from the task force.  

In January, Alderman Albright set an agenda for the February meeting to discuss (1) specific recommendations for CC and Parks & Rec lands (2) management of off-leash areas including, volunteer involvement, enforcement and fees.  Fran Rice did not submit any specific recommendations indicating that the current position of the Parks & Rec Commission is that it would no longer support off-leash activity in any of the spaces under their jurisdiction because of the potential threat to children and the likelihood of serious objection by abutters.  Fran will be involved in ongoing discussion with the Commission.  Fran felt that other communities were largely irrelevant and that Newton should do what is best for itself.  He and Paula indicated their support for keeping the ordinance as is.  

The discussion focused for some time on enforcement and fees.  For example, could licensing revenues or increased ordinance infraction fines be earmarked to support a pilot off-leash program?  Marie reported that the current license revenues of about $22,500 are funneled into the general fund.  Everyone agreed that diverting that would be unlikely to have support from the Board.  While the city can decide on the penalties for ordinance infraction, it is not clear if that revenue could be specifically targeted.  Officer O’Connell responded to questions indicating that he had issued about four citations in 2006 and that wildlife issues occupied at least 50% of the animal control efforts.          
  
Discussion then went back to the trying to establish a model for Newton.  There was support for areas being fenced but acknowledgement that it would be impractical to fund fencing, particularly for a “pilot” program.

Norm Richardson suggested that a different approach was needed given that the discussion for the past months has not led to a consensus but has been stuck in the same arguments.  He proposed looking at individual areas and designing pilot programs that attempted to improve that current situation.  He felt that at Norumbega, for example, problems associated with off-leash activity should be specifically determined.  A pilot program would than be developed for that area and evaluated.  Key would be that users “take some ownership and responsibility” and that it be a win-win situation for all involved parties (dog owners, Conservation Commission, neighbors).  Discussion then focused on how to define success with Amy proposing metrics such as observation of any time limitations, compliance with the clean up, aggressive incidents and neighborhood complaints.  Again, the issues associated with overuse of any one area were discussed since some of the task force members
suggested that success should also be measured by a decrease in use of other spaces.

Paula expressed concern that professional dog walkers were already coming to Newton and would increase in any legalized space.  This led to further discussion on the need for “self-policing” (since any amendment would likely limit people to three off-leash dogs) and the need for citizen liaisons to work with Animal Control.  Dick Tucker responded to questions about Houghton Gardens indicating that there did not appear to be any problems with the current status but that he would investigate that further.

The decision was made to visit areas with off-leash activity to determine the issues with park users and abutters.  The following members will report back on specific areas at the March meeting: Amy Koel – Burr Park; Susan Albright–Cabot Woods; Norm Richardson – Norumbega; Paula Palumbo and Dick Tucker – Old Cold Spring.    

March 16, 2006
Task Force Attendees:
Alderman Albright
Alderman Fischman
Amy Koel
Dick Tucker
Paula Palumbo
Fran Rice, Parks and Recreation
John O’Connell, Animal Control Officer
Norm Richardson, Conservation Commission

Marie Lawlor of the Newton Legal Department was present. Five citizens were also present.

The action item from the February meeting was to visit areas with off-leash activity to assess the current situation. – It should be noted that this was THE FIRST TIME members of the task force have ventured out to explore what is actually going on in the parks.

OLD COLD SPRINGS PARK
Dick Tucker visited Old Cold Spring at three different times and reported that 4-5 dogs were off leash on each occasion. The owners were courteous, appeared to have voice control of their dogs and, with one exception, were Newton residents. The field did not have any visible poop but pick up is not as diligent on the path though the woods. The dog owners indicated a willingness to volunteer as “friends of the park” and/or pay for some type of off-leash permit. This was seen as more fair than increasing the licensing fee. Dick also commented on Houghton Gardens which does not have any significant open space. While there are some off leash dogs on the path, Dick indicated that increasing the number of dogs would be disruptive.

Paula Palumbo also made a visit to Cold Spring. She spoke with three people who indicated that there were no issues. Paula did bring up the issue of dog fight incidents at Cold Spring and Norumbega.

BURR PARK
Amy Koel spoke with a number of people at Burr Park, which is visible from her house. The park is mostly fenced and is used by kids at the middle school. There is a regular group of people letting dogs off-leash between 7:45 and 9 am. All were from Newton; some stated that they were unaware of the leash ordinance. The issues would be a need for better waste pickup, conflicts between leashed and unleashed dogs, and one abutting neighbor who is very unhappy with off-leash activity.

CABOT WOODS
Alderman Albright visited Cabot Woods where most dogs were off-leash. Her impression was that the space was very overused and “could use some help” and that there was not the type of “self policing” from the dog owner community that is seen at Norumbega, for example.

NORUMBEGA
Norm Richardson visited Norumbega and was “impressed by the stewardship”. The park is heavily used by for off-leash activity and the main issue would be that people uncomfortable with dogs would feel excluded from using the park. The key concern of the dog owners he spoke with was that the park would become a magnet, which would lead to overuse issues. Norm also spoke with Martha Horn, the Conservation Commissioner with primary responsibility for Norumbega, who provided the names of neighbors who had indicated concerns. He is in email communication with those people to better understand neighborhood issues, which include the limited parking. Generally, Norm felt that people were happy with the current situation and believed that any ordinance change that made Norumbega more high profile as a “dog park’ would be a disadvantage. He felt that the task force needs to clarify its mission and determine how to create a situation that would be viewed as an improvement.

Officer O’ Connell was asked whether a change in the ordinance would be beneficial since specific areas could be better targeted for enforcement. He indicated that he felt proposed changes would make his job harder.

MEETING WITH PARKS COMMISSIONER
Alderman Albright then reported on a meeting she had with Fran Rice and Fran Towle of Parks and Recreation to follow up on the report at the last meeting that there was no support for any off-leash designations at any Parks & Rec space. Fran Towle confirmed that they were not in favor of ordinance changes. She requested clear criteria for site selection and indicated that any pilot program would have to be a “win-win” where the park would benefit at the other end. Citizen involvement was seen as key with Norumbega cited as a “model group” but not necessarily representative. Background information from Carol Stapleton was distributed and Fran Rice indicated that one or two members of the Task Force would be allowed to do a brief (15 min) presentation to the Commission.

DRAFT ORDINANCE
Marie Lawlor then presented a draft proposal amendment to modify the leash ordinance for discussion. In contrast to the Brookline model in which very little detail was included in the ordinance, this proposal included minimum conditions for off-leash consideration and designation of sites for the pilot program. The proposal also included establishing a Dogs Off-Leash Advisory Committee. Dick Tucker proposed minimizing detail within the ordinance so that this Advisory Committee could act quickly as needed. After a fair amount of discussion, the consensus seemed toward less detail. However, there was agreement on the need to specify citizen participation and there was discussion on how to structure this along the lines of the “adopt a space” program. Fran reminded the group that the Parks & Rec resources are currently strained and that cleaning and trash pickup is done by only 2 people.

Norm again raised the issue of clearly defining the Task Force mission and the need to consider what actions would be the least disruptive. It seems that there is a new appreciation for trying to understand what are the problems that are associated with the current situation and the complexity of potential solutions. Input from the citizens seemed to support the need for the proposed Advisory Committee to be able to address specifics of individual spaces rather that there being one model that would work on the diverse needs and spaces. Discussion went to a model proposed at a previous meeting that would be based on establishing “truly forbidden” areas (e.g. little league fields and environmentally sensitive areas) and enforcing those with increased fines (an action that would also require Board approval). It was then unclear as to whether other areas would be sanctioned for off-leash or just stay under the enforcement radar. Norm and Fran were asked to determine if this approach would help Conservation and Parks & Rec support off-leash areas. Marie and Alderman Albright will rework the draft ordinance amendment to eliminate inclusion of pilot areas and reflect this approach.

June 15 , 2006
Task Force Attendees:
* Alderman Susan Albright
* Norm Richards, Conservation Commission
* Amy Koel
* Paula Palumbo
* Dick Tucker
Also present were Marie Lawlor of the Newton Legal Department, Alderman Lisle Baker was present for some of the session. Ten citizens were also in attendence.

DRAFT ORDINANCE NEAR COMPLETION
The off-leash task force met for their ninth meeting on Thursday, June 15. The focus of this meeting was refining a draft ordinance prepared by the Law Department. They began with a written draft, which was altered considerably during discussion, but you can see a copy of the initial draft at http://www.newtondogs.org/draftordinance6-06.pdf. A new version of the draft ordinance will be presented at the NEXT TASK FORCE MEETING on THURSDAY, JULY 20, at 6:30. Below is my understanding of what the new ordinance will include, HOWEVER, this is from my notes and interpretation of the meeting, which may be quite different from the official records.

The five major components of the draft ordinance, as revised during discussion at the June meeting, are:

A) RULES FOR USE
* This section consists of a few rules, such as dogs left unattended may be impounded, handler must pickup after dog, dog must wear collar, dog must be 4 months old, etc.

B) SITES FOR DESIGNATED OFF-LEASH AREAS
* While it was my understanding of discussion at the previous meeting in March that the revised draft ordinance should focus on establishing “truly forbidden” areas (e.g. little league fields and environmentally sensitive areas) rather than designating a few pilot locations, the June draft and discussion evolved around a system in which citizens would nominate parks for inclusion in the off-leash program.

* The final recommendation for how off-leash areas are established goes something like this: Citizen groups that agree to "take responsibility for maintaining the site in accordance with rules and regulations established for its use" would formally submit requests for off-leash areas to the Advisory Committee (see below). Once a sufficient number of areas is submitted the Advisory Committee will hold a single public meeting to consider recommending proposed off-leash areas, so as not to overwhelm any single park due to it being one of only a few legal off-leash spaces in the city. Additional areas could be added later.

* The Advisory Committee will then submit a list of recommended sites for approval to the body responsible for the property. Final approval of off-leash areas lies with the commission responsible for the property, in most cases the Parks and Recreation Commission or the Conservation Commission.

C) DOGS OFF-LEASH ADVISORY COMMITTEE
* 1) Membership - The initial draft recommended the establishment of an off-leash Advisory Committee that consisted of one or more representatives from the Parks and Recreation Department; one or more representatives from the Conservation Commission; one representative from the Police Department; one Alderman; and one citizen of Newton. Further discussion resulted in inclusion of a greater number of citizens, one or two from each ward, to be appointed by their Aldermen. Membership on this committee is likely to receive further discussion at the next meeting.

* 2) Designation of Areas - The Advisory Committee shall solicit sites for nomination from local user groups, they will then consider nominated sites, hold a single public meeting to hear from abutters and other interested parties. The Committee shall then recommend to the Parks and Recreation Commission, the Conservation Commission, or the entity responsible for the property, sites for designation as official off-leash areas.

* 3) Rules - The Advisory Committee shall recommend rules and regulations. Rules may be different for different areas.

* 4) Monitor & Evaluate - The Advisory Committee what monitory and evaluate the off-leash program.

D) PENALTIES - as already present in existing law, or expanded upon.

E) SUNSET DATE - There was discussion about whether this should be a pilot program with a two year sunset date by which the Board of Alderman needed to reconsider and approve the program.

July 20, 2006
Task Force Attendees:
Alderman Albright
Alderman Fischman
Norm Richardson, Conservation Commission
Amy Koel
Paula Palumbo
Dick Tucker

Marie Lawlor of the Newton Legal Department was present. Three citizens were also present.

The first agenda item was to review the latest version of the proposed ordinance amendment. To read the revised version of the draft ordinance <<click here>>. The key points for discussion were as follows:

The intent of the proposed ordinance is to allow the creation of designated off-leash areas. Implementation of off-leash options would be determined on a site-by-site basis by the respective Commissions with final authority on land use which are, almost exclusively, Parks and Recreation and Conservation.

  • Recommendations to the Commissions would be made by the Off-Leash Advisory Committee (OLAC). The OLAC would be comprised of six formal members; the animal control officer, one representative of each commission and three citizens appointed jointly by the mayor and the President of the Board of Aldermen. For the sake of continuity, the current citizen members of the Task Force (Amy Koel, Paula Palumbo and Dick Tucker) would be asked to serve for a term not to exceed one year without the need for formal reappointment. Dick Tucker suggested that “new blood” could be beneficial and it was noted that the proposal includes an option for each ward’s aldermen to appoint up to two ward residents to assist the OLAC.
  • The OLAC would be reactive, not proactive. It would respond to citizen requests for off-leash options in specific areas, evaluate the requests and make recommendations to the Commissions. Alderman Albright’s description is that this is “an enabling ordinance but establishing off-leash areas will only happen if proponents make it happen”.
  • The requirement that residents “take responsibility” for the proposed off-leash sites has been left fairly vague in the ordinance proposal. It states off-leash sponsor groups must agree to the (yet undefined) “terms and conditions deemed appropriate by the OLAC”.
  • Previous discussion on the need to have multiple sites to avoid the potential overuse of any one area was not reflected in the proposed amendment but would be in the Task Force recommendations.
  • The ordinance amendment has a “sunset provision” that has it expiring two years after passage unless renewed by the Board of Alderman.

This is clearly viewed as only the first step. The logistics of establishing times and places for off-leash activity are not intended to be addressed in the proposed ordinance amendment. Based on the discussions in the Task Force meetings over the past fourteen months, it would be difficult to predict whether any sites would be likely to be approved.

The Task Force then reviewed a draft outline of their final report to the Board of Aldermen. It was noted that the report should clearly outline the potential benefits as well as make sure that the number of successful off-leash programs throughout the country are described. Norm Richardson commented that the vision of a potential “win-win” outcome needed to be made clear as well. Various members agreed to draft sections for review by August 10 and discussion at the next meeting (August 17 at 6:30).

At this point, Paula Palumbo expressed her concern that the momentum of the Task Force was inclined toward recommending an ordinance amendment. She felt that any modification of the leash law could lead to a worse situation and wanted to be on record as opposing a change. Her discussions with dog owners who now use various parks for off-leash activity indicated that they prefer the current “don’t ask, don’t tell” situation. Paula is quite concerned that easing of the leash law might lead to increased use (particularly by the ever-dreaded out-of-towners) and force current users to seek new areas for “less chaotic” off-leash activity. She will include these concerns in the sections of the final report that she is drafting.

It was also suggested that the final report contain a recommendation that some part of the dog license fees be used for expenses related to instituting off leash areas such as signage, which was not seen as a big hurdle, and the creation and distribution of educational pamphlets.

Some discussion focused again on the issue of enforcement of the ordinance (in whatever form). No new insights or resolution. Dick Tucker suggested that police officers other that the animal control division could be more involved. Amy Koel suggested that the leash length specification of 10 feet or less in the current ordinance be eliminated. She felt that this length was not consistent with retractable leash use or training techniques that used longer leads. The consensus was to not address this since it was unlikely to be a major enforcement issue.

The goal is to finalize the ordinance modification at the August meeting for submission of that proposal as well as the Task Force final report to the Board of Aldermen by the end of August.


August 17, 2006
Task Force Attendees:
* Alderman Susan Albright
* Alderman Mitch Fischman
* Paula Palumbo
* Amy Koel

The focus of this meeting was to further review the proposed ordinance (the version discussed at this meeting is posted at http://newtondogs.org/draftordinance8-06.pdf). (For comparison sake, you might be interested in reading ordinances from 13 neighboring communities that permit off-leash activity in public spaces at http://www.newtondogs.org/leashlaws.htm.)

Most of the discussion was about fairly minor language edits (none of the changes are included in the posted draft). The primary substantive issue focused on the composition of the Off-leash Advisory Committee (OLAC). Ann Dorfman commented that the OLAC would be similar to the Off Leash Task Force in that there is no provision to include residents who would be the users of any designated off-leash areas. In fact, with only three citizen members on the OLAC and a recommendation that the current citizen representatives to the Task Force be appointed to serve on the OLAC for the first year, there would be no opportunity to extend official participation to interested dog owners. It was acknowledged by most of the Task Force members present that this might not be in the best interests of developing an effective approach to off-leash areas.

Consequently, it was decided to change the proposed revision to include four citizens, rather than three, to potentially facilitate inclusion of a representative who would actually use an off-leash area. In addition, the provision in the original draft, that authorized the alderman of each ward to appoint up to two residents to “assist” the OLAC, was modified. It was decided that it should be the OLAC (not the Aldermen) who “may appoint interested residents to specific subcommittees as it deemed appropriate”. This would, for example, allow the formation of subcommittees of interested residents specific to areas under consideration for off-leash use.

The meeting culminated with a brief discussion of the draft of the Task Force Report which the task force members are writing to accompany the proposed orginance. The decision was that task force members would finish the individual sections that the task force had assigned to each member and that Amy Koel would edit the assembled sections into a first draft of the Final Report to be reviewed at the next meeting.

There was some discussion of anticipated reaction from the Board, particularly the sense that there was an expectation that specific sites would be recommended and possible resistance to the design of the proposed ordinance, which does not leave site selection under the control of the Board. It was reiterated that the Final Report to accompany the proposed ordinance should clearly outline the rationale for modifying the ordinance and proceeding to formation of the OLAC.

The next meeting of the Task Force is scheduled for Thursday September 21 at 6:30pm.


September 21, 2006
Task Force Attendees:

* Alderman Albright
* Alderman Fischman
* Dick Tucker
* Fran Rice, Parks and Recreation
* Norm Richardson, Conservation Commission
* John O’Connell, Animal Control Officer

Marie Lawlor of the Newton Legal Department was present. Alderman Jay Harney (ward 4) was present and Alderman President Lisle Baker attended intermittently between other meetings. Three citizens and a reporter from the Newton Tab were also present.

The agenda items included review the draft ordinance and the draft of the report, but essentially all of the two hour meeting revolved around refining the draft ordinance.Only minor adjustments were made to the draft document.

Based on discussion at previous Task Force previous meetings, Marie Lawlor proposed including a new paragraph in the section of the ordinance that prohibits dogs (leashed or unleashed) in tot lots that would also include the playing area of any ball park designated as a Little League Field by Parks and Recreation. After much discussion, it was agreed that this was out of the purview of the Off-Leash Task Force and that such change should result from action directly by the Parks and Rec Dept.

Including a minimum age for an individual to be allowed to have an off-leash dog was discussed but deemed unnecessary for inclusion.

The changes proposed at the August meeting that designated four citizens on the proposed Off-Leash Advisory Committee (OLAC) and specified that the OLAC was empowered to appoint residents to “assist” were largely incorporated with little comment. The proposal does not specifically solicit membership from any interested parties, such as dog owners.

It was agreed that the advisory commission would report to the appropriate custodial agencies (Parks and Rec, Conservation Commission) at least twice a year.

It was agreed that language which specifically excluded known “dangerous dogs” (those with a history of aggression/biting) from off-leash areas should be added to the ordinance and that Officer O’Connell would propose wording. Ann Dorfman volunteered to research precedents in other communities.

Language on the “sunset provision” was agreed upon that would lead to expiration in two years unless renewed or revised by the Board of Alderman.

Much discussion centered on the statement in the provision that specified that the OLAC should “solicit the opinion of local residents” prior to recommending an off-leash site. What this would entail and potential costs associated were the subject of much concern. Finally, it became apparent to people that the OLAC solicitation was informal and that implementation of an off-leash area would trigger the appropriate notification steps by the relevant custodial agency.

Other discussion simply revisited the usual recurring themes: dogs can bite people, what would be the right sites, how many would there be, how could users of “non-designated sites” be reduced, could MDC land be used etc., etc., etc….

It was decided that the next revision of the draft ordinance would be sent to Martha Horn (Conservation Commission) and Fran Towle (Parks and Rec) for their review. They will also be invited to the October meeting should they want to share comments that would elaborate on what has been conveyed by the Task Force members who represent those Commissions.

Since the final report draft was not complete and had not yet been reviewed by several of the Task Force members, its review was postponed until the October 19 th meeting.

Next task force meeting, Thursday, October 19, 6:30, City Hall, room to be determined.


October 19, 2006
This meeting reviewed the draft ordinance, again. The draft report was still not complete. Fran Towle, Director of Parks and Recreation, was invited to attend this meeting. It appeared she had not seen a copy of the draft ordinance and asked many questions about how it would work. Again expressed concern that dog owners need to do their share, and stated that any plan needs to be a "win-win." 

Next meeting: Thursday, November 16, 6:30. City Hall, room undecided.


November 16, 2006
Taks force
Attendees:
* Ald. Susan Albright
* Ald. Mitch Fischman
* Amy Koel
* Dick Tucker
* Fran Rice, Park & Rec. Commission
* Norm Richardson, Conservation Commission
* John O’connoll, Animal Control Officer
Absent
* Paula Palumbo

Also Present
* Marie Lawless, Newton Legal Dept.
* Ann Dorfman, NewtonDogs
* Shalini Shahani

The Off-leash task force agreed there were no further changes to the proposed off-leash ordinance. To read the final draft ordinance << click here>>. Discussion focused on the draft report which the task force has written as guidance and background to accompany the proposed ordinance upon presentation to the aldermen. There were no substantive changes recommended. To read the 10-30 version of the draft report <<click here >>. This version does not incorporate changes proposed during the 11-16 meeting.

There are no further formal task force meetings scheduled. The task force plans to attend the December 16 Conservation Commission meeting to discuss their proposal, and to attend the first Park and Recreation Commission meeting in January. After those two meetings they will likely reconvene to discuss any necessary changes resulting from discussions with the commissions before presenting the draft ordinance to the Aldermen.

Editorial comment: The first step in presenting the proposed ordinance to the Aldermen will be to present the draft ordinance and accompanying report to the Programs and Services Committee of the Board of Alderman. The Programs and Services Committee is made up of one alderman from each ward (Merrill, Johnson, Hess-Mahan, Sangiolo, Coletti, Parker, Baker, Lipoff). They will review and discusses the proposed ordinance and do one of four things:

  • Approve the draft ordinance and report as is and refer to the full Board (highly unlikely).
  • Make changes themselves and then forward the ordinance to the full board for discussion and possible approval.
  • Require the task force to work further on the draft ordinance to address questions and concerns that were raised at the meeting.
  • Refuse to accept the premise of the draft ordinance and send it back to committee with so many concerns that the intent is to end all further discussion.

2007
There were numerous meetings with various groups ironing out minor changes to the report and draft ordinance.

December 3, 2007
The Newton Board of Aldermen passed the off-leash ordinance with a vote of 17-7. To read the ordinance <<click here>>.

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Last Updated 1/21/08

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