← Brewster Select Board

Brewster Select Board · 2023–2024 Board · Regular meeting

August 10, 2023

6 recorded votes, 2 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Ned Chatelain, David Whitney, Cynthia Bingham, Kari Hoffmann, Mary Chaffee

Absent: None

Every vote, in order

Close the evidentiary portion of the hearing

Minutes, page 7

ApprovePassed · Unanimous, 5 present

To close the evidentiary portion of the hearing

From the minutes

“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.” (Motion: Hoffmann, second: Bingham)

Read it in the official minutes, page 7 (PDF)

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...

Minutes, page 8

ApprovePassed · 4–1

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

Yes: Bingham, Chaffee, Hoffmann, WhitneyNo: Chatelain

From the minutes

“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.” (Motion: Chaffee, second: Whitney)

Read it in the official minutes, page 8 (PDF)

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:...

Minutes, page 8

Adopt orderPassed · 4–1

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

Yes: Bingham, Chaffee, Hoffmann, WhitneyNo: Chatelain

From the minutes

“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 nriirrninumimmn a°°. oEgsrF%G- Select Brd 2198 Main Street Tow ana o y Brewster, MA 02631- 1898 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. 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.” (Motion: Chaffee, second: Whitney)

Read it in the official minutes, page 8 (PDF)

Close the public hearing

Minutes, page 9

ProceduralPassed · Unanimous, 5 present

To close the public hearing

From the minutes

“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.” (Motion: Hoffmann, second: Whitney)

Read it in the official minutes, page 9 (PDF)

Approve $ 240, 672 and to waive all permit fees

Minutes, page 10

ApprovePassed · Unanimous, 5 present

To approve $ 240, 672 and to waive all permit fees

From the minutes

“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.” (Motion: Bingham, second: Whitney)

Read it in the official minutes, page 10 (PDF)

Adjourn at 8: 27pm

Minutes, page 10

ProceduralPassed · Unanimous, 5 present

To adjourn at 8: 27pm

From the minutes

“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.” (Motion: Hoffmann, second: Bingham)

Read it in the official minutes, page 10 (PDF)

From the Brewster Select Board’s official minutes, posted in the town’s online records archive. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Brewster (Select Board and Staff Biographies page).

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