MINUTES
TOPSHAM SELECT BOARD SPECIAL MEETING
Monday, October 2, 2023
Present: Jim Bulger (Chair) Bradford Calhoun, Carl Hildebrandt, Thomas Otterman, Jake Thompson (Select Board), Cynthia Flannigan (Town Clerk/Treasurer), and via Microsoft Teams Janice Emerson (Administrative Assistant)
Visitors: Michele Boyer, Patricia Walden, Hank Buermeyer, Amber Downing, Donna Otterman, Louise Dodge, Ann and Bruce Peck, Mary Smith, Deb and Steve Smith, Rylei Porter, Colin Pope, Kathy Zachary, Catherine Eich, Katherine Z. Pope, Jennifer Kingsbury, Ava Kingsbury, Dennis Cremo, Jim Clark, Tonia Mauro, Susan Pratt, Alex Nuti-de Biasi, Jessica Hatch, Madison Hatch, Burnice Dow, Jeff and Eric Smith, Tracy Washburn, Jennah Washburn, Victoria Washburn, Murray Reilly.
Meeting called to order at 7:00 pm.
PUBLIC HEARING CONCERNING DOG BITE
Jim Bulger read information from VLCT about when a public hearing is required. This includes when the pet is off the owners property, the victim requires medical attention, and a complaint is filed.
Town Health Officer Hank Buermeyer submitted a copy of the current Town of Topsham Animal Control Ordinance. He also submitted a copy of the Town Health Officer Animal Bite Report he had filled out. He provided a copy of these materials to Jeff Smith. Finally, he reviewed the definitions of a “vicious dog,” the impoundment process, and penalties.
Animal Control Officer Michele Boyer reiterated that she had reached out to Carly to impound the dog and was told Carly intended to impound it at the Bradford Vet. When she contacted the Bradford Vet, Carly had not called them.
Rylei Porter clarified the nature of the injuries she received.
Jeff Smith apologized to the victim. He explained that the dog escaped the house when the door was left open, and said that it had happened before.
Dennis Cremo spoke on behalf of Lola and stated that he doesn’t believe she is vicious. Jim Bulger explained that according to State Statute there is an official definition of a vicious dog.
Colin Pope stated that he had been chased by Lola 4 times. Twice he was unscathed, once he injured his knee and once his ankle. He also stated that he once had to rescue a neighbor from the dog by putting his car between the human and the dog.
Jessica Hatch spoke on behalf of Lola and stated that she does not believe she is vicious.
Rylei Porter stated that she does not feel confident in the ability of the owners to contain the dog given prior occurrences.
Catherine Eich spoke about her experiences with the dog.
Patricia Walden explained her experience with her own dog and advocated for fencing the yard.
Michele Boyer stated that if the owners had taken more responsibility in the past, she would have recommended muzzling the dog, but given the circumstances, she feels that the dog is vicious and unpredictable.
Jim Bulger gave Jeff Smith information on how to appeal the outcome if he disagrees with it and that there is a 30 day appeal period. He explained that the board is allowed to discuss either publicly or to go into deliberative session to discuss privately. The outcome will not be communicated to the public until after the owners are notified.
Tom Otterman asked Jeff Smith what he would like to see happen. Jeff stated he plans to put a fence up. He acknowledged that the dog does bark at nearly everyone but does not bite everyone. He admitted that he was not sure of the best solution. He stated he’d be willing to use a wire-basket muzzle on the dog.
Deb Smith stated that she has met the dog and been fine, but has also seen a different side of the dog when the owners weren’t around.
Murray Reilly offered his time and labor to help secure the dog and build a fence.
Motion by Jake Thompson and seconded by Carl Hildebrandt to move to deliberative session and invite the Town Health Officer and Animal Control Officer. Passed unanimously. Meeting adjourned to deliberative session from 7:36pm to 8:12pm. Motion by Tom Otterman and seconded by Jake Thompson that, based on present Town Ordinance for First Offense, the dog be impounded for 10 days and must be muzzled, chained and confined to the property.
Meeting adjourned at 8:22pm.
Respectfully submitted,
Amber Downing