Public Hearing, Appeal of Decision
Minutes
August 1, 2006
Present: Henry C. Cobb
Daniel Boyer
C. Peter Cole
Norman John Arrison
Patricia Daniels
Others Present: Larry Melen, Town Manager
Lisa Sargent, Recording Secretary
Jennifer Kehoe
Kelly Selmer
Grace Knight
Bill Harriman
Julia Lloyd Wright, Eagle Times
Chris Callahan, Town Counsel
Edith Stillson
Chief Brown
Bruce Johnson, SAPA
Mr. Cobb called the Public Hearing to order at 7:00 pm to discuss the appeal and withdrawal of the appeal from Douglas Metcalf. Mr. Cobb gave a synopsis of the result of decision regarding a vicious domestic pet issued on July 21, 2006.
Mr. Cobb read the withdrawal of appeal notice submitted by Mr. Metcalf on July 31, 2006 but said we will go ahead with this meeting to see if the Select Board wants to pursue other action. Mr. Callahan said enforcement of the decision is through the Superior Court not the Select Board.
Chief Brown said he met with Mr. Metcalf and Mr. Metcalf would not disclose where the dog is at this time other than to say it is out of the State of Vermont. Chief Brown suggested that Mr. Metcalf come to this meeting tonight to talk with the Select Board but he chose not to. Chief Brown said that while talking with Mr. Metcalf he heard a dog bark. He said he asked if the dog that barked was Bear, Mr. Metcalf said no.
It was discussed an option is to have a court order requiring Mr. Metcalf to explain where the dog is, if he doesn’t bring the dog in tomorrow, then the Judge will determine if he has complied with the Select Board decision.
Mr. Boyer said from personal experience he has seen how this dog reacts while going by the Metcalf property and has had other residents express their concerns too and would like to know where the dog is at this time.
Mr. Harriman asked if the dog was still there, Chief Brown said a dog is there but he does not believe it was Bear’s bark.
Mr. Cobb asked Chief Brown if he could gain entrance to see. Chief Brown said he probably would not be able to obtain a search warrant, as this is a civil case.
Mrs. Daniels said she spoke with the President of the NorthEast Rottwelier Rescue and Referral on the telephone and she said under no circumstances should that dog not be put down. We need to find out where the dog is and be satisfied he is being controlled.
Mr. Arrison asked Mr. Callahan how swiftly the court would act. Mr. Callahan said there is always a Judge available for emergency situations.
Mr. Cobb asked if it was clear to Mr. Metcalf he had to give the dog to a facility or have it put down. Mr. Callahan said Mr. Metcalf signed for the decision, sent by certified mail, on July 29, 2006.
Mr. Cobb asked if we could send the decision to neighboring Towns, Mr. Callahan said yes. Mr. Callahan said he believes step one is to ask the Superior court to enforce the order. Mr. Cobb said this process could take weeks or months, Mr. Callahan said or days.
Mr. Cobb asked how we could be sure the dog was not in the house, Mr. Callahan said he believes the Health Officer may have some authority. He said obviously that if the dog is seen there we could tell the Judge.
Mr. Cobb asked Chief Brown how much of the back yard can be seen from the road, Chief Brown said none. Chief Brown said he believes the dog that barked belonged to visitors.
Mr. Cole said he feels we have done our duty to protect the citizens of Weathersfield, he is skeptical about spending more money and time.
Mr. Cobb asked Mr. Callahan if he had an idea of the costs. Mr. Callahan said the information could be released on the first day or it could be more complex and we could have to negotiate. He said he assumes it would be between $1,000 and $20,000.
Chief Brown asked if the Board has lost their chain of evidence, as the dog was not micro-chipped, how do you prove it is/was Bear?
Mr. Callahan said if the dog returns to the residence you would have to work the case backwards and find out where the dog came from.
Mr. Arrison said he agrees with Mr. Cole’s comment.
Mrs. Knight read an email sent to her from Dr. Knight, Emergency Room Physician attending the night Mr. Kehoe was treated. Dr. Knight said that this was a very bad bite, one of the worst he has seen as a physician. He said it could have been fatal had it been a child or someone not able to protect themselves as well as Mr. Kehoe did.
Mrs. Daniels said that she wants to know where the dog is and if we feel that the dog is where we want it to be then we can let it go.
Ms. Selmer said the decision was to have the dog disposed of in a humane way or taken to a Rottweiler Association and as far as we know neither of these were done.
Mrs. Kehoe said we don’t know the dog is out of State. She said she does not feel Mr. Metcalf can be trusted, he did not register or vaccinate the dog properly. He has shown no empathy for a human being and he needs to held liable for this. Mr. Cobb said he agrees Mr. Metcalf has clearly ignored the directive.
Mr. Harriman said he understands the organizations will not take a vicious dog. Mr. Cobb said “or some other similar organization” was put in the decision.
Mrs. Daniels made the motion to pursue the whereabouts of Bear under oath in the Superior Court so we can make a decision ourselves as to whether or not we accept the location of the dog, Mr. Boyer seconded the motion. Mr. Melen suggested Mrs. Daniels reword the motion to direct Town counsel to file a civil complaint. Mrs. Daniels made the motion that the Select Board direct Town Counsel to file a civil complaint in Windsor County Superior Court to ascertain the location and condition of the animal (known as Bear) formerly kept by Mr. Metcalf. Said complaint to be filed if Mr. Metcalf does not deliver the dog to the custody of the Town Constable on August 2, 2006. Mr. Boyer seconded the motion. Mr. Cole said in all likely hood the animal is not at a shelter so he assumes he is in violation of our order. What are we going to do if we are not satisfied of the dog’s whereabouts? Mr. Cobb said he would end it by sending a copy of our decision to that Town where the dog is. Mr. Boyer said Mr. Metcalf should be held accountable. Motion carried 4 – 1.
Mr. Cobb confirmed with Mr. Callahan that this would be filed after August 2, 2006.
Mr. Boyer made the motion to adjourn; Mr. Cole seconded the motion. The Public Hearing was adjourned at 7:55 p.m.
Respectfully Submitted,
Lisa A. Sargent
Approved by the Weathersfield Select Board on August 24, 2006
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Henry C. Cobb
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Daniel Boyer
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C. Peter Cole
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Norman John Arrison
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Patricia Daniels