Members Present: Eric Osgood, Bradley Reed, Blaine Delisle, Franklin Hooper, Daryl West, Selectmen; Gerald Domina, dog owner, Mark Kolter, Attorney, Ken Brier, Richard Lemay, Constables, George Pearlman, Louise Cross, Rosemary Audibert, Clerk.

Eric opened the meeting at 7:25 p.m. Eric read complaint from Alice Harrison. On May 24^th approximately 4:15 p.m. I was walking up the hill on Clay Hill and a dog ran from a driveway on the right side of the road. I was on the left. I stood still for a while, while he kept barking. I continued walking and he ran to the left and bit the calf of my leg. Board reviewed animal bite report form from Copley Hospital. Report on file.

George stated that Alice was a student at the Studio Center and has gone back to New Jersey.

Attorney Mark Kolter stated that Gerald has tried to keep the dog under lock & key. Have a letter from David Stevenson, D.V.M. that stated that have handled this dog for the last five years and have found her very tranquil and easy to work with. Letter on file

Gerald stated that have been abiding the entire restrictions place on the dog after the last hearing. Have placed locks on all the doors. Would be willing to build a kennel, fence, and willing to have a dog sitter during the day just to keep the dog. Have eleven nieces and nephews and the dog has never even growled at them.

George stated that Alice Harrison has sent a bill to Domina’s last Friday for medical expenses. Gerald stated that he has not received the bill yet.

Blaine stated that made an agreement with Gerald the last time this happened and the agreement has been broken. If the Town doesn’t do anything could be held liable.

Dick Lemay stated that he handle the first case and the restriction were not followed. This may be the third time that the dog has bitten some one. Dorothy Spoerl was one person the dog has bitten, which cannot prove.

Ken Brier stated that he received a call at 4:37 p.m. on May 24^th. Ken knows the dog and called her by name had to hold the vehicle door closed has he would have been bitten. Ken went to get help to pick up the dog. Stayed in the vehicle and got the dog restrained.

Mark stated that Gerald does feel guilty, didn’t think the dog could get out. There has only been one mistake.

Gerald stated that have never seen the dog vicious. Doesn’t have the opportunity to get out. Dog is under lock and key. Do not want to lose the dog, like a child to him. This is not the dog fault; it is my fault. Back door has a dead bolt; front door has a pad lock.

Mark stated that not happy with the way that Ken deals with dogs. Two wrongs don’t make a right. Not kind or humane to dogs. Eric stated that this in not the place to bring that up. This is a separate issue.

Daryl asked what steps were taken after the first incident to prevent the dog from getting out. Gerald stated that placed locks on all the doors. Pad locks on the side door and front door and a dead bolt on the back door.

Dick Lemay stated that Gerald should be worried about being sued in court, as this dog has been declared vicious before.

Mark stated that letter from the veterinarian stating that have handled the dog for five years and have not seen it vicious.

Eric stated that the dog has been declared vicious on October 13, 1998, need to be very careful as to what decision we make. Have a precedent that one dog bite is acceptable, but is it acceptable for two dog bites. May attack a young child next.

Board discussed other steps that could be taken to prevent the dog from getting loose. A chain link dog kennel, with a doghouse on a cement pad anchored to the pad. When taking the dog for a walk, dog needs to be chain and muzzled.

George stated that Alice Harrison wants to be reimbursed for the medical expenses, does not want to prosecute. Alice has paid the hospital. Total bill was $250.79.

Board stated that this would be the last. If this happens again the dog will be put down. Ken has issued a civil ticket for $500.00 for the second violation of the ordinance. Board stated that the second violation was more than 6 months apart. Ticket should have been for $100.00.

Brad moved that all medical expenses are to be reimburse to Alice Harrison and the civil ticket of $100.00 to the Vermont Municipal Ordinance Bureau is to be paid and will purchase a chain link dog kennel which is to be placed on a cement pad and to be anchor to the pad. Dog is to be chained at all times. When the dog is walked to the kennel needs to be chained and muzzled. Need to have a kennel within 30 days and the health officer will inspect. Daryl seconded, so voted.

Louise asked what would happen to the dog now until the kennel is in place. Gerald stated that the dog would stay at his parents house on French Hill and the dog will be supervised at all times. Dog will be place in a stockade fence.

Gerald, Mark, Ken and Dick left meeting.

Eric stated that the Board should have made the decision to release the dog not an individual member. Rocky stated that the dog should not be have removed from the property or out of town. Rocky stated that he was not notified of the dog bite did not receive a copy of the hospital animal bite report. Board stated that Ken took the dog to the pound, which he should have done for observation for 10 days.

Rocky stated that a dog is confined if there is a chance of rabies. Cage needs to be cleaned after each use. Persons could catch rabies if there was saliva on the cage and if the person had a cut. Board suggested that the cage be washed with bleach and water after each use.

Dog hearing adjourned at 8:30 p.m.

Respectfully submitted by

Rosemary Audibert