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HomeMy Public PortalAboutSelect Board -- 2023-08-10 Minutes\����e¢F_wsr��. o Town of Brewster �9��� z m� 2198 Main Street y = Brewster, MA 02631-1898 r = Phone: (508) 896-3701 www.brewster-ma.gov MINUTES -OF THE SELECT BOARD MEETING DATE: August 10, 2023 TIME: 6:00 PM PLACE: 2198 Main Street OfRoe of: Select Board Town Manager REGULAR SESSION PARTICIPANTS: Chair Chatelain, Selectperson Whitney, Selectperson Bingham, Selectperson Hoffmann, Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Attorney Gregg Corbo, Police Sgt. Freddie O'Neal, Animal Contral Officer Lynda Brogden -Burns, Parisis Filippatos, Britta Cleveland, Tonia St. Germain Call to Order _Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chatelain called the meeting to order at 6:00pm, read the meeting participation, the recording statement and declar6d a quorum. Public Announcements and Comment None Select Board Announcements and Liaison_Reports Selectperson Chaffee; on behalf of the Bay Property Planning Committee, thanked those who were a part of "Da Hedge" to suppoft the Pan Mass Challenge riders. Dangerous Dog Hearinp, lMGL Ch 24D Sec 157: Parisis G Filippatos & Britta Cleveland, 303 Red Top Road Selectperson Hoffmahn moved to open the Dangerous Dog Hearing, MGL Ch. 140 Sec. 157 with Parisis Filippatos and Britta Cleveland of 303 Red Top Road and read the advertisement that was in the Cape Codder on July 28 and Augusts 4, 2023. Seconded by Selectperson Chaffee. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Bdard vote was 5 -Yes, 0 -No. Chair Chatelain declared that the notice has been formally read into the record, it was published, posted, and served as required by law. The hearing has been requested by the complainant Tonia St. Germain and the evidentiary portion of the hearing will be conducted by Gregg Corbo of K P Law in his capacity as the attorney for the Tow; of Brewster. Chair Chatelain reviewed the format of the hearing and limited testimony to issues directly related to whether the dogs in question should be declared dangerous or nuisance animals. Adding that only oneperson will be permitted to speak at a time and that all discussion will go through the Chair, with presentation of evidence to be limited to 15 minutes for each party total. Attorney Corbo shared that his role is to assist the Board in collecting evidence relative to the matters under the Boards consideration and to advise the Board to the applicable law. The purpose of the hearing is for the Board to conduct an investigation into the complaint that was made and determine whether the dogs at issue are nuisance or dangerous dogs as these terms are defined in the statute. if the answer is in the affirmative, then to decide what if any remedy should be given to abate the nuisance or dangerous Select Board 8.10.2023 www.brewster-ma.gov Page 1 of 10 -�,0j�4i�iirnn�nllllll�nu��a�pQ�O\`. Town of Brewster Qffice Of'. Select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov condition. Attorney Corbo continued that if the Board finds the dogs nuisance dogs, they have broad discretion to determine what remedies to impose. If the determination is that the dogs are dangerous dogs, the remedies are described in the statute and the conditions that the Board may impose separately or in combination may include ordering that the dogs be euthanized. Attorney Corbo reviewed the process for the hearing, noting that this is not a trial, this is a serious proceeding and expect people to conduct themselves accordingly. Those who intended to testify were sworn in by Attorney Corbo. Ms. Tonia St. Germain provided her testimony to the Select Board stating that the case is about irresponsible dog owners who made a reckless decision to let three dogs off leash in the conservation area. Ms. St. Germain proceeded to explain in detail the events that took place when her and her leashed dog was attacked without provocation. She continued that the dog owners at the scene did not take responsibility for their negligence or the serious wounds that resulted from it. Ms. St. Germain stated that in her evidence packet she presented her 911 call, the chronology of the attack, photos of her wounds, and her dog, Oakley's rabies certificate. Also included is background research on how dog packs attack, Dr. Dunbar's dog bite scale (which one of her wounds was a level 4 on the scale), and a letter from the Director of, the facility that her husband works in that states Oakley has been a comfort dog for the developmentally, disabled adults they serve as a great success for two years. Ms. St. Germain maintains that the large brown and white dog delivered the level 4 bite. She provided her ideas on the dog owner's evidence package, noting that none of the persons that provided material were present at the attack. Ms. St. Germain presented as evidence Oakley's adoption certificate stating his breed as boxer/beagle mix. She noted the hypothetical scenario that her dog bit her is unreasonable as neither of the owners were there to see the attack or the bites. Ms. St. Germain continued that the dog owners have the right to appeal, the Board needs to know the facts as they directly impact the creditability of the dog owner's testimony and their evidence. She,continued that the photo of her dog obtained on Aug 7th was while the dog owner harassed her on Red Top Road and began to explain the encounter. Attorney Corbo stopped the testimony as in his opinion the alleged behavior of the dog owners is not relevant to the determination to this hearing whether the dogs are nuisance or dangerous dogs and encouraged the Chair not to allow the discussion to go further. Ms. St. Germain continued that she made the decision on June 19th to bring the complaint to the Select Board due to the severity of her dog bite and that this could potentially happen to a child. She doesn't want any other person to have to go through what she has been through in this 8 -week period. Ms. St. Germain wants to feel safe from the dog owners and their dogs on the street in her neighborhood and in the conservation area. She relayed that the Select Board is in a position to help her reclaim the peace of mind that this vicious attack has stolen from her. Ms. St. Germain has offered to help prioritize her safety and the safety of any member of the public who encounters these owners or their dogs. Attorney Corbo provided Ms. St. Germain with a photo of the dogs from the packet and asked if she Select Board 8.10.2023 www.brewster-ma.gov Page 2 of 10 ,81" IA E Weru/�G�6 SJOQ: of �ioair �.�,9 Town of Brewster Se lect fd Boa x t 2198 Main Street Town Manager Brewster, MA 02631-1898 Phone: (508) 896-3701 _ ORPOa WWW.breWster-ma.gov recognized the dogs as the ones that were involved in the incident. Ms. St. Germain responded yes. Attorney Corbo asked if the large brown and white dog that bit you is in the pictures. Ms. St. Germain was unable to tell the size of the dogs from the pictures so was not sure which dog it was. Attorney Corbo asked if either of the dog's bit her, she responded that she can't tell from the photo, but she knows that the largest of the brown and white dogs that was in the group of three was the one that bit her, but she can't tell from the photo provided. The Select Board had the opportunity to question Ms. St. Germain, Selectperson Chaffee asked Ms. St. Germain to provide a!statement under oath of exactly what happened at the time of the incident and what happened up until she called 911. Ms. St. Germain read from the chronological report that she submitted which she wrote 4-5 days after the event. She noted that at the time she wrote this, she had not received the police report. Ms. St. Germain stated that she is afraid of these dogs and tried to put a tree between herself, her dog and the other three dogs. Ms. St. Germain showed the wound on her thigh to the Select Board. She testified that she saw the large brown and white dog "clamped" on her thigh. She also testified that she remembers the dog owner pulling their dog off and she was hysterically upset. Ms. St. Germain stated her recollection of the interaction between herself and the male dog owner. Adding that the dogs were leashed behind -the man by the women owner. Selectperson Chaffee asked if her dog ever has ever bitten anyone, Ms. St Germain answered no. Selectperson Bingham asked if her dog had been leashed the entire time, Ms. St. Germain answered yes. Ms. St. Germain then'clarified that the dog bite was a level 4 out of Dr. Dunbar's dog bite scale of 1-6 levels. t The attorney representing the dog owners, David Lawler, asked through the Chair that Ms. St. Germain confirm that when speaking to the police officers she provided them with a thorough and truthful story. Ms. St. Germain answered yes. Attorney Lawler stated that at that time she specifically stated that she was unaware of which dog bit her and did not mention, simultaneously when the incident occurred, that it was the larger of the two'dogs that bit her. Ms. St. Germain answered at the time she didn't realize she had the second bite, only the kite that was bleeding. She continued that the officer had just arrived when she was upset, she was just talking, didn't really know if she was answering each question that was being asked. Attorney Lawler asked if she could provide a timeline from the time that when she first saw the dogs until the time, she first saw the dog owners. Ms. St. Germain stated that time feels to stand still when you have a frightening moment and that it felt like forever when she was being attacked but can't say for sure how long it was. Attorney Lawler asked the witness when she walks her dog if she uses the large prong collar as revealed in the photograph. Ms. St. Germain answered yes, she always uses that collar. s: Selectperson Hoffmann asked Ms. St. Germain to describe the situation when the attack was happening and which of the dog owners were present. Ms. St. Germain only saw the male dog owner pull the most aggressive of the dogs away from her. Selectperson Hoffmann asked Ms. St. Germain to describe what it looked like when the `owner's took control of the dog. Ms. St. Germain observed the dog being pushed away and looked up, and saw the man. Selectperson Hoffmann asked if she noticed any of the dogs being put back on a leash, the answer was no. Select Board 8.10.2023,1 www.brewster-ma.gov Page 3 of 10 \��\�FtE W g �Ui4ii� \ ,p� E�9E k• -� �9@@.� Town of Brewster Qfflce of: 0 Y y Board Seiect Board Select 2198 Main Street :, Town Manager a y= o Brewster, MA 02631-1898 ' �? ' Phone: (508) 896-3701 3 www.brewster-ma.gov Attorney Corbo asked if anyone present would like to give testimony in favor of the dogs being found a nuisance or dangerous. No one testified. Attorney Corbo asked the responding officer, Sergeant O'Neal, to testify. Sgt. O'Neal provided a brief synopsis of his response. Sgt. O'Neal shared that Ms. St. Germain changed out of her long pants and he observed what appeared like dog bite puncture wounds and she relayed to him the sequence of events. Sgt. O'Neal stated at the time, Ms. St. Germain was unsure if the dog purposely bit her or if they were going after her dog. She indicated at the time that she was unsure which dog it was that bit her. Attorney Corbo asked if Sgt. O'Neal spoke to the dog owners, he shared that another officer met with the dog. owners while he stayed with Ms. St. Germain. Selectperson Hoffmann asked if there was any questionof what the substance was on her pants, Sgt. O'Neal said when he saw the stain it was growing in size, so it was clear to him it was blood. Selectperson Hoffmann asked if Sgt. O'Neal asked Ms. St. Germain at the time;if it was her own dog that bit her, he responded no as he allowed her to tell her story. Selectperson Chaffee confirmed the puncture wounds provided in the police report were taken by Sgt. O'Neal. Selectperson Whitney asked if Sgt. O'Neal heard the assessment of the medics if the wounds were consistent with a dog bite. Sgt. O'Neal answered no, the treatment was consistent with what was called in, a dog bite. Attorney Lawler noted that the training Sgt. O'Neal has received is to take detailed and copious reports and, in the report, Sgt. O'Neal stated that "she pulled her dog close, and they began attacking." Sgt. O'Neal responded that this is,accurate. Attorney Lawler confirmed with Sgt. O'Neal that Ms. St. Germain at the time was unsure if the dog was attacking her or her dog. Attorney Lawler confirmed that Sgt. O'Neal is aware of the dog bite bylaw, noting that it is important to understand which of the dog's bit her and confirmed that Sgt. O'Neal asked the question on at least one occasion. Sgt. O'Neal stated that he probably asked at least twice as there were concerns about rabies, however both responses were that she was unsure. t Ms. St. Germain had no questions. Attorney Corbo asked that the animal control office testify, Linda Brogden -Burns. Ms.;°:Brogden-Burns shared that she was on vacation when the incident occurred. In her absence, the Brewster Health Inspector, Sherri McCullough placed the dogs in a 10 -day quarantine which is protocol. Ms. Brogden -Burns, on her return to duty, made sure that all four dogs had been vaccinated and noted that none were licensed in the.Town at the time. Ms. Brogden -Burns released the dogs from quarantine and spoke with the owners about licensing the dogs, the three that reside in Brewster have since been licensed. Attorney Corbo asked Ms. Brogden - Burns of the behavior of the dogs when she released them from quarantine. Ms. Brogden -Burns replied that all were alive and well and responded appropriately. Ms. Brogden -Burns stated that there was a complaint on July 11, 2022, about Mr. Filippatos's dogs that there was barking from inside the house. There have been no complaints regarding Ms. St. Germain's dog. Attorney Lawler confirmed with Ms. 'Brogden -Burns that the Town is uncertain which of the four dogs bit Ms. St. Germain. Attorney Lawler introduced the dog owners, Mr. Filippatos who stated that he has owned the dogs their entire lives and has never noticed either dog being violent. It was confirmed that the third dog belongs to his Select Board 8.10.2023 www.brewster-ma.gov Page 4 of 10 SW Olt a? O� oe µo'n �> 9 �� Town of Brewster Office of z ard 2198 Main Street Town aSelect nager c " s Brewster, MA 02631-1898 r =G0 - Phone: (508) 896-3701 r 0 www.brewster-ma.gov daughter who was visiting at the time. Mr. Filippatos confirmed that both dogs are always taken on walks together and in response to the complainant's reference of "pack behavior", has never seen them be violent when together. Mr. Filippatos shared that they take their dogs to the Brewster Dog Park weekly, where leashes are not allowed and there have never been any incidents. Attorney Lawler inquired about the incident that Ms. St. Germain mentioned that occurred prior to the incident in question. Mr. Filippatos stated that when in the conservatory they allow their dogs off leash and were unaware of the leash rule at the time. Mr. Filippatos provided a review of the incident of the encounter between his wife and Ms. St. Germain on the path that occurred pervious, it was noted that Ms. Cleveland had fallen but kept hold of the dogs who were on leash. Attorney Lawler then requested that Mr. Filippatos provide detailed events of what transpired on the day of the incident in question. In his testimony he stated that about 20 feet before the bend in the path he heard screaming, he was able to see his wife, Britta on the path, but not the dogs that were in front of her. When he came around.the bend, approximately' 3-6 seconds after he last saw the dogs, he heard Britta calling the dogs back. At this point there were about 10 feet from Britta, he saw Ms. St. Germain and on the other side of her, her dog Oakley tight at her right side:'. Mr. Filippatos stated that all the dogs were barking at each other, it was 2-3 seconds before his dogs were leashed with the help of Britta. Mr. Filippatos testified that he never had to pull one of his dogs off Ms. St. Germain. Ms. Cleveland confirmed that her husband's testimony was clear and accurate. Attorney Corbo revie4ved the way in which he understood the testimony and asked how far ahead the dogs were from Ms. Cleveland. She approximated that the dogs were no more than 10-15 feet ahead of her. Ms. Cleveland stated that)the dogs were in her eyesight, except when they went around the bend, this is when she heard the screaming and immediately called all three dogs back. Ms. Cleveland testified that the dogs bounded back to her,`Stevie had already been close, and all were barking. Ms. Cleveland confirmed that she did not see the intera4ion between her dogs and Ms. St. Germain and her dog. Mr. Filippatos stated that he absolutely did not see any of his dogs bite Ms. St. Germain. Ms. Cleveland shared that the screaming was very loud and distracting, creating the dogs to freak out, but the dogs came right back when called. Attorney Carbo asked Mr. Filippatos what his understanding of under control in the restraint law is. Mr. Filippatos stated that his understanding is that one must be able to control the dogs and they have to come back when called in most circumstances. Mr. Filippatos also stated that he was in the wrong as their dogs were off leash, though they did not know it was a rule at the time. He added that they did the best that they could to control the dogs as quickly as possible under the circumstances, which were very unfortunate. Mr. Filippatos stated they feel very badly about Ms. St. Germain being bitten, however based on what they saw, heard and experienced, they are. all most certain that it was not one of their dogs that bit her. Attorney Corbo inquired if something like this has happened before while the dogs were off the leash. Ms. Clevelandstated that'when the dogs see other dogs, they go towards them, but not aggressively, it is what they do when they want to meet other dogs. Attorney Corbo stated that clearly Mr. Filippatos and Ms. Cleveland acknowledge there was a negative interaction that their dogs were involved in and asked what they intend to do to prevent it from ever happening again? Mr. Filippatos answered that they contacted a dog trainer and have Completed a training course, which has helped a lot, especially with the barking. He Page S of 10 Select Board 8.10.2023 www.brewster-ma.gov Office of: Select Board Town Manager also referenced a letter in the packet from a neighbor regarding his dogs chasing afterchickens, though this was never brought to their attention, they have since fenced in their entire property. They also intend to abide by the law and no longer walk their dogs off leash on the trail. Attorney Corbo asked if the dogs are permitted to be outside on their property without them present. Mr. Filippatos responded no and confirmed that Stevie is not their dog and does not reside with them in Brewster. i' A Attorney Lawler addressed the Board and asked that they review the police report in which Ms. St. Germain indicated that when the dogs approached her, she pulled her dog in very close. In looking at the picture of her dog, noting that there may be some issues with the type of spike collar that Oakley wears, for the smaller doodles (Raki and Remi) to get at her inner thigh where the bites occurred, it is not conceivable if holding her dog tight to her body. Attorney Lawler expressed that what may have occurred is that the dogs came up to say hello to her dog, who in turn got upset, he may have lunged at the doodles, or as export reports state, Oakley could have vented and lashed out and bite Ms. St. Germain. Attorney Lawler stated that this is Ms. St. Germain's burden to prove and there is more than enough evidence to overcome the burden. He continued that his client's acknowledge that their dogs were supposed to be on leashes and accepts responsibility, as they have taken numerous actions. Attorney Lawler stated that the dog that delivered the bite has not been identified. He also mentioned that he has numerous videos of the doodles at the Brewster Dog Park, all with positive interactions with no signs that they are violent dogs. Attorney Lawler mentioned that documented submitted by Ms. St. Germain that states her dog has been broughtAo a care home with no issues, noting that these interactions are with people only and that certain dogs may be great with people, but not with other dogs. F Attorney Corbo stated that there needs to be sufficient evidence in the record for the.Board to make a finding that the dogs owned or kept by the owners are nuisance or dangerous dogs based on their behavior. The video was not viewed by the Select Board. Members of the Select Board had the opportunity to question the dog owners. Selectperson Hoffmann described the time when the owners did not see their dogs, as they were around the bend, and at that point heard the screaming. Filippatos responded no and reviewed his timeframe of the incident again. The owner's answered that they did not see Oakley, or any dog bite Ms. St. Germain, in fact they did not see any dogs touching Oakley or Ms. St. Germain. Selectperson Hoffmann asked that during the time when the owner's lost sight of the dogs, do they know were they were in relation to Ms. St. Germain. Mr. Filippatos answered that he could only estimate the distance and time it took to round the corner, which was seconds. He stated that it is inconceivable to him that there could have been a dog fight in thaftime frame. Ms. Cleveland stated that their dogs are allowed to be in the yard when they are present,�often their dogs would visit with the neighbor's dog and vice versa and with no issues. Chair Chatelain confirmed that there were no injuries to the dogs after the incident.:' a Ms. St. Germain was provided the opportunity to ask questions, she stated that her experience with these dog owners has not been pleasant since the beginning. She feels confident that she has written and stated Select Board 8.10.2023 www.brewster-ma.gov Page 6 of 10 flown of Brewster _ 0, Z 3 a� y 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Office of: Select Board Town Manager also referenced a letter in the packet from a neighbor regarding his dogs chasing afterchickens, though this was never brought to their attention, they have since fenced in their entire property. They also intend to abide by the law and no longer walk their dogs off leash on the trail. Attorney Corbo asked if the dogs are permitted to be outside on their property without them present. Mr. Filippatos responded no and confirmed that Stevie is not their dog and does not reside with them in Brewster. i' A Attorney Lawler addressed the Board and asked that they review the police report in which Ms. St. Germain indicated that when the dogs approached her, she pulled her dog in very close. In looking at the picture of her dog, noting that there may be some issues with the type of spike collar that Oakley wears, for the smaller doodles (Raki and Remi) to get at her inner thigh where the bites occurred, it is not conceivable if holding her dog tight to her body. Attorney Lawler expressed that what may have occurred is that the dogs came up to say hello to her dog, who in turn got upset, he may have lunged at the doodles, or as export reports state, Oakley could have vented and lashed out and bite Ms. St. Germain. Attorney Lawler stated that this is Ms. St. Germain's burden to prove and there is more than enough evidence to overcome the burden. He continued that his client's acknowledge that their dogs were supposed to be on leashes and accepts responsibility, as they have taken numerous actions. Attorney Lawler stated that the dog that delivered the bite has not been identified. He also mentioned that he has numerous videos of the doodles at the Brewster Dog Park, all with positive interactions with no signs that they are violent dogs. Attorney Lawler mentioned that documented submitted by Ms. St. Germain that states her dog has been broughtAo a care home with no issues, noting that these interactions are with people only and that certain dogs may be great with people, but not with other dogs. F Attorney Corbo stated that there needs to be sufficient evidence in the record for the.Board to make a finding that the dogs owned or kept by the owners are nuisance or dangerous dogs based on their behavior. The video was not viewed by the Select Board. Members of the Select Board had the opportunity to question the dog owners. Selectperson Hoffmann described the time when the owners did not see their dogs, as they were around the bend, and at that point heard the screaming. Filippatos responded no and reviewed his timeframe of the incident again. The owner's answered that they did not see Oakley, or any dog bite Ms. St. Germain, in fact they did not see any dogs touching Oakley or Ms. St. Germain. Selectperson Hoffmann asked that during the time when the owner's lost sight of the dogs, do they know were they were in relation to Ms. St. Germain. Mr. Filippatos answered that he could only estimate the distance and time it took to round the corner, which was seconds. He stated that it is inconceivable to him that there could have been a dog fight in thaftime frame. Ms. Cleveland stated that their dogs are allowed to be in the yard when they are present,�often their dogs would visit with the neighbor's dog and vice versa and with no issues. Chair Chatelain confirmed that there were no injuries to the dogs after the incident.:' a Ms. St. Germain was provided the opportunity to ask questions, she stated that her experience with these dog owners has not been pleasant since the beginning. She feels confident that she has written and stated Select Board 8.10.2023 www.brewster-ma.gov Page 6 of 10 OREws' �U�G a�� �! ti°p • F9� Town of BrewsterOffice of: x a Select Board 2198 Main Street Town Manager y Brewster, MA 02631-1898 Phone: (508) 896-3701 /,'���UI/% P�B pva�\^►•brewster-ma.gov everything she can remember as truthfully as she can and trusts that the Board will be fair and do the right thing. Selectperson Hoffmann moved to close the evidentiary portion of the hearing. Seconded by Selectperson Bingham. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Attorney Carbo stated that the Board will enter the deliberation phase as to the issues before them. Noting that there are two things to complete. Decide whether the dogs are nuisance dogs or dangerous dogs, if the answer is yes, then they must decide any remedies to impose to abate the nuisance or danger. Attorney Corbo stated that since the dog known as Stevie does not reside in Brewster, the complaint against this dog should be dismissed. Selectperson Chaffee stated that at its core, we are gathered here about public safety, and a Brewster resident has sustained puncture wounds to her legs, who was the only party to witness the actual events surrounding the dog bites. There has been testimony that the dogs at the heart of this hearing were not under the owner's cohtrol at the time of the incident. Selectperson Chaffee believes that if the dogs had been leashed, Ms. St."'Germain would not have sustained these injuries, and thinks there is evidence to find the dogs as nuisance dogs. L Selectpersons BinghaFm and Hoffmann agree with Ms. Chaffe and believe that the owners have made progress and appropriate remedies thus far. Selectperson Chaffee".offered some possible remedies that would be helpful based on public safety. Attorney Corbo reviewed the definitions of dangerous dogs and nuisance dogs according to the statute. Adding that the difference in his opinion is that a dangerous dog is one that sets out and attacks in a circumstance in which you wouldn't expect a dog to attack versus a nuisance dog that would react in a way that you would expect a dog to react; not usually or inherently dangerous. Noting that based on the facts and the Boards determination of the 'credibility of the witnesses, does the evidence support a conclusion that the dogs fit into one of these categories. Attorney Corbo reviewed the disputed version of the events, sharing that what we know for sure is that the dogs were unleashed in the Conservation area, they were walking ahead of their owners and that at ascertain point in time there was curve, when the dogs went around something happened. The only real evidence we have is the testimony of the other dog owner that says that one of the three dogs' bit her, however there was further testimony that the owners of the three dogs (or at least two of them) called them _ back right away and they came. Attorney Corbo shared that there is nothing to suggest the dogs continued With this behavior beyond being called back by the owners and the dogs were taken away at that time. Itlis up to the Board to decide is the evidence of the individual who was bitten is credible as to what has happened, if it is, is it sufficient to justify a finding that these dogs are nuisance or dangerous. Selectperson Whitney agrees with the finding of a nuisance dog. it was clarified by Attorney Corbo that the statute is open ended, and the Board can order anything necessary to abate the nuisance. Select Board 8.10.2023 www.brewster-ma.gov Page 7 of 10 - ��/��nriirrninumimmn��a���°°� . b Chair Chatelain declared that we only have one witness and is concerned that although there is no doubt that Ms. St. Germain was bitten by a dog, it has not been determined as to which dog'bit her. Chair Chatelain does not support the orders that have been suggested by the Board and does not support a designation on either of the dogs. Selectperson Chaffee moved that the Select Board dismiss the complaint against the dog known as Stevie, because the dog is not kept or owned in the Town of Brewster, that the Select Board find the dogs known as Raki and Remi owned by Parisis Filippatos and Britta Cleveland are nuisance dogs based on the evidence in the record including testimony under oath by the dog bit victim who was the only witness to the attack and who stated it was the dogs Raki and Remi who attacked her, the photographic evidence of the puncture wounds on the victims thighs taken by the victim and the Brewster' Police Department, the Brewster Police report dated 14 June 2023 by Sgt. O'Neal documenting that the owner informed officer Frisbee that he lets his dogs run off leash in the conservation area or had in the past, the owner's testimony that the dogs at this time were off leash and out of sight at the time of the incident and that the owner's described an earlier incident where Ms. Cleveland was not able to control the dogs on leash and that the victim required health services to address her injuries. Selectperson Whitney seconded. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-no. The Board vote was 4 -Yes, 1 -No. Selectperson Chaffee moved that in the matter of Raki and Remi owned by Parisis Filippatos and Britta Cleveland having been found to be nuisance dogs by the Brewster Select Board, the Board issues the following order: • Anytime the dogs, Rocky and Remi, are taken to a place open to the public, they shall be securely and humanely muzzled and secured on a leash not to exceed 6 feet in length. • No more than one of the dogs should be walked by one person at a time. • The leash shall- be held by an adult capable of controlling the dog. • The owners shall comply with all rules, regulations, and requirements of a property owner when on the property owned by another. r • The owners provide documented proof of not less than $100,000 of insurance for claims resulting in intentional or unintentional acts by these dogs or of reasonable efforts to obtain such insurance if a policy has not been issued within 30 days. Selectperson Whitney seconded the motion. There was a question if nuisance dogs are allowed at the Brewster Dog Park. Attorney; Corbo noted that regulations state that dangerous dogs are not permitted, but there is no mention of nuisance dogs. There was discussion'on the orders presented, Chair Chatelain stated that he does not support this motion, as he thinks it is excessive. He believes a lighter sanction would be appropriate, as muzzling is a significant inconvenience to the dogs and the owners. Selectperson Bingham and Selectperson Hoffmann agree that Select Board 8.10.2023 www.brewster-ma.gov Page 8 of 10 } p ft���i/�/// �� ,, ,f -'e" Town of Brewster Office of: `\\������aa 04 0 q �a. , r ��� a = Select Board 2198 Main Street Town Manager 9 a y Brewster, MA 02631-1898 ` °r Phone: (508) 896-3701 www.brewster-ma.gov ��/��nriirrninumimmn��a���°°� . b Chair Chatelain declared that we only have one witness and is concerned that although there is no doubt that Ms. St. Germain was bitten by a dog, it has not been determined as to which dog'bit her. Chair Chatelain does not support the orders that have been suggested by the Board and does not support a designation on either of the dogs. Selectperson Chaffee moved that the Select Board dismiss the complaint against the dog known as Stevie, because the dog is not kept or owned in the Town of Brewster, that the Select Board find the dogs known as Raki and Remi owned by Parisis Filippatos and Britta Cleveland are nuisance dogs based on the evidence in the record including testimony under oath by the dog bit victim who was the only witness to the attack and who stated it was the dogs Raki and Remi who attacked her, the photographic evidence of the puncture wounds on the victims thighs taken by the victim and the Brewster' Police Department, the Brewster Police report dated 14 June 2023 by Sgt. O'Neal documenting that the owner informed officer Frisbee that he lets his dogs run off leash in the conservation area or had in the past, the owner's testimony that the dogs at this time were off leash and out of sight at the time of the incident and that the owner's described an earlier incident where Ms. Cleveland was not able to control the dogs on leash and that the victim required health services to address her injuries. Selectperson Whitney seconded. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-no. The Board vote was 4 -Yes, 1 -No. Selectperson Chaffee moved that in the matter of Raki and Remi owned by Parisis Filippatos and Britta Cleveland having been found to be nuisance dogs by the Brewster Select Board, the Board issues the following order: • Anytime the dogs, Rocky and Remi, are taken to a place open to the public, they shall be securely and humanely muzzled and secured on a leash not to exceed 6 feet in length. • No more than one of the dogs should be walked by one person at a time. • The leash shall- be held by an adult capable of controlling the dog. • The owners shall comply with all rules, regulations, and requirements of a property owner when on the property owned by another. r • The owners provide documented proof of not less than $100,000 of insurance for claims resulting in intentional or unintentional acts by these dogs or of reasonable efforts to obtain such insurance if a policy has not been issued within 30 days. Selectperson Whitney seconded the motion. There was a question if nuisance dogs are allowed at the Brewster Dog Park. Attorney; Corbo noted that regulations state that dangerous dogs are not permitted, but there is no mention of nuisance dogs. There was discussion'on the orders presented, Chair Chatelain stated that he does not support this motion, as he thinks it is excessive. He believes a lighter sanction would be appropriate, as muzzling is a significant inconvenience to the dogs and the owners. Selectperson Bingham and Selectperson Hoffmann agree that Select Board 8.10.2023 www.brewster-ma.gov Page 8 of 10 u u d ew �,°�oEgsrF%G-41 Town of Brewster Office of: Select Brd 2198 Main Street Tow ana Town o y Brewster, MA 02631-1898 Phone: (508) 896-3701 % "PfBA www.brewster-ma.gov muzzling should not b.e required but want to keep the leash requirement. Selectperson Whitney expressed his concern about future encounters between the parties as Hay Conservation is local to both and it in everyone's best interest to avoid another incident. Selectperson Chaffee provided an update of her motion of the orders: • Anytime the dogs, Raki and Remi, are taken to a place open to the public, they shall be secured on a leash not to exceed 6 feet in length. • No more than one of these dogs should be walked by any one person at a time. • The leash shall be held by an adult capable of controlling the dog. • The owners shall comply with all rules, regulations, and requirements of the property owner when on the property owned by another. • The owners provide documented proof of not less than $100,000 of insurance as previously stated. 1. Selectperson Bingham seconded the motion. The Board discussed options for leash requirements and the order requiring the dogs to be walked one at a time. Attorney Lawler noted that walking the dogs one at a time would create a tremendous inconvenience. Selectperson Chaffee. %noted that what is most important regardless of the specific order that is agreed on, is that it is clear that any violation that brings these dogs back to the Board is going to result in a much more difficult hearing. Selectperson Chaffeeimade the following amended motion: • No more than two dogs shall be walked by one person at a time. • The leash shad be held by an adult capable of controlling the dogs. • Anytime the dogs, Raki and Remi, are taken to a place open to the public, except fenced dog parks where no leash is a requirement, they shall be secured on a leash. • The owners shall comply with all rules, regulations, and requirements of the property owner when on the property owned by another. • The owners provide documented proof of not less than $100,000 of insurance as previously stated. Selectperson Whitney seconded the motion. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-no. The Board vote was 4 -Yes, 1 -No. Selectperson Hoffmann moved to close the public hearing. Selectperson Whitney seconded the motion. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Attorney Corbo will prepare a proper notice of the decision including notice to all interested parties including any right of appeal. Select Board 8.10.20231 www.brewster-ma.gov Page 9 of 10 t a AUEmWIrS�iiiiiii,,,� - �.. a office of,• o� of t�9�A e 9 Town of Brewster i Select Board 2198 Main Street ? Town Manager Brewster, MA 02631-1898 =. °r = - Phone: (508) 896-3701 www.brewster-ma.gov R ////ie.. B• I8. kb ..nk\�� k is Discuss and Vote on Award of Contract for Rehabilitation Work at 212 Yankee Drive and Waiver of Buildin Permit Fees Ms. Kalinick stated that the single-family residence is on the Town's subsidized housing inventory (SHI), which is under the care, custody, and control of Brewster Affordable Housing Trust. The Town has been working through the process of remediating the home due to water damage, the house has been taken down to its studs. An invitation for bid to complete the rehabilitation work was recently issued, the Town received two bids, however one was disqualified. On August 31d the Affordable Housing Trust voted to recommend an award to the Pearl Company from Mashpee and their bid of $240,672 Ms. Kalinick shared that both she and Ms. Scalise, the Housing Coordinator, have had multiple meetings with Town Counsel to review the list of work needing to be completed and most is Community Preservationeligible. A grant was received in the amount of $500K to work on homes on the Town's SHI list that require support or intervention to keep them on the list. After the work is completed, an affordable housing fair market lottery will be held through the Housing Assistance Corporation to be resold to an eligible buyer. The Town will be able to recoup some of the funds that have been put into his project through the resale of the house, it is costing approximately $100K to preserve the home. Ms. Kalinick shared that the building permit fees are between $1800-$2000. A Selectperson Bingham moved to approve $240,672 and to waive all permit fees. Selectperson Whitney seconded the motion.. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. FYIs- No comments Matters Not Reasonably Anticipated by the Chair- None uestions from the.Media- None Adjournment Selectperson Hoffmann moved to adjourn at 8:27pm. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: rr^^ Signed:L - pp Qat Selectperson Hoffma Jerk of the Select Board a Accompanying Documents in Packet: Agenda, Dog Hearing Information, 212 Yankee Drive Documents, FYIs Select Board 8.10.2023 www.brewster-ma.gov Page 10 of 10