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HomeMy WebLinkAboutMinutes - BoS - 06/22/2009 Minutes—Board of Selectmen June 22, 2009 Selectmen Present: Paul Carlson, Chairman Karen Quigley Frederick R. Koed Ralph S. Dormitzer Edwin G. Carr Others Present: William R. Griffin,Town Manager Jennifer Oram, Selectmen's Clerk Chairman Paul Carlson called the meeting to order at 7:OOPM. Selectmen's Comment Period Selectman Frederick Koed mentioned an editorial that ran in the Patriot Ledger stating that even though all the County Sheriffs positions will be transitioned to the jurisdiction of the State, local Towns will be still be responsible for paying the benefits of those Sherriff's who retire. Town Manager,William Griffin, said he would confirm this. Selectman Ralph Dormitzer congratulated the South Shore Art Center on the success of their Arts Festival. Selectman Karen Quigley stated that she attended a Sewer Commissioners meeting and that she thinks she heard that after the paving is done repairing the road from the project, the gas company will be coming in [tearing up the newly paved roads]. She hopes she misunderstood and asked for clarification. Selectman Quigley also thanked Mr. Griffin for his plans to send in a letter of support for Amendment 16 of the Northeast Multispecies Fishery Management Plan to National Marine Fisheries Service on behalf of the Board. Selectman Edwin Carr read aloud a letter he received from the Massachusetts Renewable Energy Trust which states it is discontinuing their "clean energy choice program" and that the Town has a current balance of$15,000 or more it needs to use by November 30, 2009. Selectman Quigley stated that the Alternative Energy Committee is tracking this. Licenses& Permits—Selectman Dormitzer moved to approve a Common Victualler's License for Maggie's Corner d/b/a Emo's Confectionary Company. Selectman Koed seconded the motion and the vote was unanimous(5-0). Annual Committee Appointments—Chairman Paul Carlson read aloud the list of reappointments for 2009. Selectman Carr moved to approve reappoint all listed. Selectman Koed seconded the motion and the vote was unanimous(5-0). Bond Signing—Selectman Dormitzer moved to approve the borrowing of$550,000 for the Little Harbor Sewer Project and $50,000 for the Jerusalem Road Wall Project for a term of sixty days at the interest rate of 1.9%. Selectman Koed seconded the motion and the vote was unanimous(5-0). Selectman Dormitzer moved to approve the borrowing of$210,929 in anticipation of State reimbursement for street construction projects. This will be for a period of 90 days at a rate of 1.65%. Selectman Koed seconded the motion and the vote was unanimous(5-0). Selectmen—6.22.09-JBO 1 Minutes—Board of Selectmen June 22, 2009 Gas Line Hearing/ National Grid—Mr. Dennis K. Regan of National Grid addressed the Board. He explained the petition was for National Grid to install and maintain approximately 180 feet, more or less of 2" gas main in Smith Place Cohasset. The Board discussed the installation. Selectman Carr asked if this line was for the yet to be built building on James Lane that is presently before the Planning Board. After a brief discussion, it was decided it was. Members of the Board suggested that they would wait until the project has been approved before granting the petition. Selectman Dormitzer moved to continue the hearing until the project is approved.At that time, National Grid can come back in before the Board. Selectman Quigley seconded the motion and the vote was unanimous(5-0). Changes of Premises Liquor Hearing—Cohasset Golf Club—Club House Manager,Tinamarie Ricci, Mr. Scott C. Ford, Secretary of the Cohasset Golf Club Executive Committee, and Dr. Robin Lawrence addressed the Board. Mr. Ford addressed the Board and reviewed their application.The Club would like to change the premises they have under their present§12 license to include the entire course with some exceptions.The change of premises would not include holes 7 and 8 that are located in Hingham, nor would anyone be able to bring alcohol across Cedar Street. Mr. Ford also said that Club will follow all of the ABCC guidelines established by the Commission [established n the decision issued in In Re: New England Golf Partners, Inc., d/b/a Georgetown Club, dated April 2, 2009. Selectman Quigley asked a series of questions regarding these guidelines. Selectman Carr expressed concerns regarding a bar cart. Mr. Ford stated they would adhere to any restrictions as outlined in the guidelines. Police Chief James Hussey addressed the Board and stated that there have been no issues with the license. After further discussion, Selectman Carr moved to approve the request for the change of premises. Selectman Koed seconded the motion and the vote was 4-0,with Selectman Dormitzer recused due to being a member of the club. Special Town Meeting Article Review—Article 1:Turf Field Project: Mr. Bill Cavanaro of 81 Atlantic Avenue and Mr. George McGoldrick of 744 Jerusalem Road addressed the Board. Mr. McGoldrick reviewed the article for the Board. After a brief discussion, Selectman Dormitzer moved to recommend article one. Selectman Carr seconded the motion and the vote was unanimous(5-0). Article 2: Citizen's Petition—Wind Energy Conservation Facility Bylaw Amendment—Nathanial Palmer of 9 Little Harbor Road and Mrs. Lori Langenhagen of 24 Sanctuary Pond Road reviewed their article for the Board. Mrs. Langenhagen went into great detail as to why the article is asking for a moratorium on the existing wind energy bylaw. There was a lengthy conversation amongst the Board regarding the support of the article. Mrs. Marie Caristi-MacDonald of 41 Oak Street addressed the Board on behalf of the Alternative Energy Committee (AEC). Mrs. Caristi-MacDonald reviewed why the committee is opposed to the article. After further discussion, it was decided that the Board would meet prior to the Special Town Meeting and make their recommendation at that time. Dog Hearing—Amyra O'Connell/Logan Chase—Attorney Sandy Curko of Town Counsel's office joined the Board. Chairman Paul Carlson stated the following: "The Town of Cohasset has received numerous complaints about the pit bull dog named Tyson owned by the O'Connell/Chase family of 17 Highland Court. Massachusetts General Laws Chapter 140 § 157 requires that the BOS investigate any dog complaints presented to us. In this case, Cohasset Town Manager William Griffin did hold a public hearing on May 26 with respect to several complaints brought against Tyson by Animal Control Officer Paul Murphy and several residents of Highland Court. While a public hearing is not mandated by Massachusetts General Laws Chapter 140 Selectmen—6.22.09-JBO 2 Minutes—Board of Selectmen June 22, 2009 § 157,the BOS felt that a hearing would assist us in the investigation of these complaints surrounding Tyson. As a result of that hearing, Mr. Griffin ordered that the owners secure written evaluations of Tyson from dog trainer Dorothy O'Connor and Dr. Amy Marder of the Boston Animal Rescue League. The purpose of the evaluation was to obtain an opinion by a qualified expert in regard to Tyson's level of aggression, and recommendations based on the findings. We received Dr. Marder's evaluation today, and she recommended that Tyson be either(1)transferred to a very experienced dog trainer; or(2) be humanely euthanized. Due to subsequent developments,the evaluation from dog trainer O'Connor is no longer necessary. On May 30,four days after the hearing with Town Manager Griffin,Tyson reportedly bit a young girl in the face, despite an order by TM Griffin stating that Tyson was required to be restrained at all times. According to the police report filed by Officer Francis Yannizzi,Amyra Chase confirmed the bite by Tyson. Ms Chase has, incidentally, now reverted to her maiden name of O'Connell. Therefore,we are now conducting a supplemental hearing to consider subsequent complaints, and to more importantly discuss the remedy that the BOS has decided to take, pursuant to its discretion under Massachusetts General Laws Chapter 140 § 157. The issues before us are: (1)that the O'Connell/Chase family owns or harbors a dog named Tyson that is (2) a nuisance by reason of vicious disposition and (3) among several other complaints by residents, is reported to have bitten a young child in the face. The Board of Selectmen has received a letter from Logan Chase, son of Amyra O'Connell, in which he accepted the facts of the incident with the young girl and expressed remorse. He proposed that Tyson be sent to a dog sanctuary called Mariah's Promise in Divide, Colorado. He stated that Mariah's Promise agreed to care of Tyson. Today,Jen talked with the manager of the sanctuary and confirmed that they would take the dog regardless of the evaluation and would accept any restrictions the selectmen place on the dog. I believe that Selectman Quigley has also talked with the sanctuary and she may have more to add. We can accept this proposal, however with the BOS Order that the dog never be returned to the Commonwealth of Massachusetts; and more specifically, that if the dog is ever returned to the jurisdiction of Cohasset or any other defined geographic area, he would be immediately euthanized. If the complainants are willing to accept this solution, I would propose that we move directly to framing our disposition. If the complainants are seeking an alternative disposition, they are welcome to address the board. Further, if they or members of the O'Connell/Chase family want to make statements to the board,they are welcome to do so. First, I will open the floor to the complainants. Does anybody wish to be heard? ", at this point in the hearing there was no response from anyone in the audience. Ms.Amyra O'Connell of 17 Highland Court was then sworn in and addressed the Board. Ms. O'Connell read aloud a letter she had recently received from "Happy Dog Training" stating that Tyson had not shown any aggressive behavior during his five weeks in training. Ms. O'Connell asked the Board to please consider Mariah's Promise as an option for Tyson. She then apologized for any hardships caused by the situation. Selectman Dormitzer wanted to make sure that Tyson was being handled by a professional trainer and that there would be no chance of him being placed somewhere else. Selectman Quigley stated that she had spoken to the Selectmen—6.22.09-JBO 3 Minutes—Board of Selectmen June 22, 2009 owner of"Mariah's Promise" and that they will abide by whatever order the Board gives. Members of the audience then spoke, Ms. Stephanie Noble of 8 Stanton Drive asked if the Board knew of the well being of the dog. Police Chief James Hussey addressed this question stating that he understands that the dog has been in good hands throughout the process. Ms. Nan Roth of 7 Highland Avenue encouraged people to donate funds to send Tyson to Colorado. Mr. Thomas Behenna of 8 Highland Court asked that the dog never be allowed back in Cohasset. Chairman Carlson then moved that the Board of Selectmen, having conducted an investigation, does find that substantial evidence exists to support a finding that Tyson is a nuisance, and a danger, by reason of vicious disposition. Under the statutory authority of Massachusetts General Laws Chapter 140§ 157,the BOS hereby orders that Tyson be humanely euthanized,as Tyson poses a serious and grave threat to the public safety of our Cohasset residents. However,we agree to accept the alternate disposition of sending Tyson to the dog sanctuary referred to previously, located in Colorado. This disposition will be ordered with the restriction that the dog never be returned to the Commonwealth and that Tyson is neutered, and a micro chip is implanted at the owner's expense. In addition,the kenneling of the dog until shipped to Colorado will also be covered by the owner. Selectman Dormitzer seconded the motion and the vote was unanimous(5-0). Chairman Carlson stated that a written decision with Board of Selectmen's order will be mailed and that the owner of record has the right to appeal the decision to the District Court within 10 days of receiving such a decision. Executive Session—Chairman Carlson moved that the Board go into Executive Session for the purposes of discussing Collective Bargaining. The Board will only come out of Executive Session for the purposes of adjourning the meeting. Selectman Carr seconded the motion. Selectman Koed—Aye Selectman Dormitzer—Aye Selectman Carr—Aye Selectman Quigley—Aye Chairman Carlson—Aye Meeting adjourned at 9:15PM. Respectfully submitted, Paul Carlson Chairman Selectmen—6.22.09-JBO 4