8:15 pm - Christopher Matthews
The hearing was called to order at 8:35pm on a complaint that a male Pit Bull named “Tyson” who resides at 19 B Street at the home of Christopher Matthews had bitten a small child, and others.
Reilly swore in witnesses and described the hearing process. He then turned the hearing over to Town Counsel, James Lampke, to conduct the questioning.
Officer Louis C. Costa testified that his investigation showed that Tyson is a four year old Pit Bull who had bitten six year old Clancy Woods at her house. She received three or four stomach punctures and the parents took her to their physician.
He also testified he went to 19 B Street and spoke with the Matthews. He was in the dining room answering a call from the dispatcher, when the dog came up behind him, barked and bit him. Costa said he was instructed by his Sergeant to seek treatment at the fire station, which he did. However, he said, a 911 alarm came in, so he went to the hospital.
Although never licensed in Hull, prior to the hearing, the dog did have all necessary shots, Costa said, and he was assigned to conduct further investigation. He described the investigation as interviewing neighbors, and other victims of past dog bites. All were concerned he said, and feared the dog.
Selectmen Minutes, 7/9/02
Page 3 of 6
According to Officer Costa there have been four dog bites in the past; three requiring medical treatment. The four victims were Joe Hershey, Jeff McDonough, Clancy Woods and himself. None of them provoked the dog. He also said that Sheila Matthews seems to be the primary caretaker, and that several witnesses told him she seemed to have a difficult time controlling the dog.
The Board recessed the hearing at 8:46pm for one minute.
Unanimously approved on a motion by Hersch the closing of Third Street on July 27th from 5:00pm to 12:00pm for an annual block party, seconded by Burke.
Postponed until next week the request of the VFW Commander to appoint John J. Rhodes, III as a member of the Hull War Memorial Commission when a motion by Hersch failed to gain a second.
8:46pm - Dog Hearing Reopens
Mr. and Mrs. Woods, the parents of Clancy, described the incident in which the dog ran at and bit Clancy on the stomach as she was entering her own house. Mrs. Woods said her daughter is now scared to death of dogs.
Also testifying of incidents, the dog's unpredictable behavior and fear of the dog was Vincent Berlen of 21 B Street, and Kerry Berlen who said they have three children and she and her husband are afraid for them.
Police Chief Donald Brooker testified that he assigned Office Costa to do the investigation. Brooker said he believes the dog to be vicious.
Christopher Matthews testified that the dog had never been taught to be aggressive, and that there is a school bus stop in front of their house and he has never bothered the children. Sheila Matthews said that she spoke to her neighbors at 7 and 9 Central Avenue and they told her they had no trouble with the dog or with barking.
The Matthews presented a petition signed by 105 persons in support of the dog.
Also testifying in support of the dog were Sean Pennell of 9 Central Avenue, Dave Mitchell of 24 Central Avenue, and William Morin of Park Avenue who said he visits relatives on B Street.
Several reports are on record: Animal Control Officer Elizabeth Megan Hanrahan, Officer Louis C. Costa, Jr., South Shore Hospital re: Hershey.
Hersch said that he believes that no one should live in fear in Hull and that Pit Bulls have a proclivity to be mean.
Selectmen Minutes, 7/9/02
Page 4 of 6
MOVED-Hersch: To banish the dog from Hull within 15 days and, in the meantime, that he is to be locked up inside the home.
NO SECOND
Burke said that this is a very serious matter. In response to a complaint that the dog had chased after someone in a vehicle, Burke said that on that matter she has never seen any dog that would not go after another dog in a car. It is common behavior, she said. She added that the dog is five years old and this is the first time that it has been brought to the Board's attention. She asked what the Matthews can do to resolve the matter to which Mrs. Berlen and Woods responded “nothing”.
McLaughlin stated this is not an isolated case. There have been five cases, either bitten or attacked or about to be attacked.
Burns commented that it is a tough decision for dog lovers and people who have children. He said there are two specific breeds that have problems. He added, there are exceptions, but it does appear to be a pattern and it will probably happen again.
Matthews asked the Board to seriously consider his friends who are here and familiar with the dog. He also asked that they consider this dog and not single him out because he's a Pit Bull which have a bad reputation. He also asked the Board to consider the petition.
Matthews offered an alternative solution. He said he has 10,000 sq. ft. of land and will enclose it with a 10' high fence to keep the dog in his yard.
Reilly said he understands that Matthews and his family care for the dog, but if it was his dog who had bitten a child it would be gone regardless of personal feelings.
MOVED-Hersch: That based on the action of the dog that the dog Tyson be banned forthwith from the Town. The same to be accomplished within 15 days. In the meantime, the dog is to be confined to the house or only taken out to the veterinarian or into the yard for relieving itself, and then only on a short leash. The dog is further to be permanently restrained wherever it is relocated and the Animal Control Department in that community is to be notified.
SECOND-McLaughlin
VOTE: Four in Favor; One Abstention (Burke)
Reilly told the Matthews they have ten days to appeal to the District Court.
Hearing closed at 9:55pm.
Selectmen Minutes, 7/9/02
Page 5 of 6
9:15 pm - Gerald Sprague - re: Permission to Land Parachute on Gun Rock Beach
Gerald Sprague told the Board he has not yet picked the charity he will be supporting this year, but thought it might be the Boy Scouts. He said he plans to have the same performance of parachute landings as in previous years.
Chief Brooker said he has no problem as long as it is the same as last year.
MOVED-Hersch: To grant the request as presented in Sprague's letter dated July 8, 2002
SECOND-McLaughlin added - as long as it is the same setup as the previous year.
VOTE: UNANIMOUS in Favor
9:00 pm - Representative Bradley - re: Update on MDC Courts
Representative Garrett Bradley, and Timothy White, a candidate for Plymouth County District Attorney, appeared before the Board to discuss the recent basketball tragedy in which a young man was killed. Bradley said the basketball court, which has had a number of incidents in the past, has been closed, but the volleyball courts remained open.
Chief Brooker told Bradley and the Board that the MDC has failed to live up to its promise of providing police coverage since it closed the MDC station in 1991.
Brooker also said that his department has a difficult time handling the reservation area with the size of the Town force, and he wants the MDC to live up to its responsibility.
The Selectmen concurred and also discussed the opening on time for the season and the maintenance of the bathrooms, general maintenance and the police patrols suggesting that the parking fees be used as a funding source.
The Selectmen also requested Lemnios to send a letter to the conferees for additional funding, and asked Bradley (and Senator Hedlund who was unable to attend this meeting) to continue working toward making the MDC live up to its responsibility.
********
In other business Brooker requested that the Board call for a Civil Service Certified List from which to appoint three permanent police officers.
MOVED-McLaughlin: To call for the Civil Service list.
SECOND-Hersch
MOVED: UNANIMOUS in Favor
Brooker also told the board that on the Gender Specific Civil Service List there is only one out of three interested in a position.
Selectmen Minutes, 7/9/02
Page 6 of 6
MOVED-Hersch: To go into executive session to discuss the disposition, sale or lease of real property.
SECOND-Burke
ROLL CALL VOTE: Aye, Hersch; Aye, Burke; Aye, Reilly; Aye, Burns; Aye, McLaughlin
The Board moved into executive session at 10:10pm and thereafter adjourned.
