SELECTBOARD SPECIAL MEETING
Minutes from January 30, 2023
Board Members: Ivan Beattie (Chair), Greg Cutler (Vice-Chair), Laurie Kunz, Heidi Chamberlain
Town Staff Attendees: Leslie Perra (Interim Town Manager), Chief of Police Patrick Owens, Manchester Police Department Lieutenant James Blanchard, Officer Derek Osgood, Officer Ronald Taylor,
Public Attendees: None
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Beattie called the meeting to order at approximately 6:01 PM.
Vicious Dog Hearing for Elijah Johnson / Kyng (dog)
Beattie offered introductory remarks and history relative to dogs hearings and the quasi-judicial hearing.
Beattie stated that the hearing was requested by the Manchester Police Department.
Manchester Police Department Officer Taylor made opening remarks and provided dash camera and body camera of the incident on January 24, 2023 at 50 Ways Lane.
There was no one present representing Elijah Johnson or Kyng (dog).
Chamberlain moved, seconded by Kunz, to enter into Deliberative Session. Motion carried 5-0-0. Perra was invited to attend the Session.
After exiting Deliberative Session, Beattie read the following order. The Order will be hand delivered to the address of 50 Ways Lane and sent via certified mail.
Adjournment
Nolan moved, seconded by Kunz to adjourn 7:05 PM Motion carried 5-0-0.
Approved by the Board:
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Selectboard Clerk
SELECTBOARD ORDER
CHAPTER VI OF THE TOWN ORDINANCES
WHEREAS, the Manchester Selectboard held a so-called “Vicious Dog Hearing” on Monday, January 30, 2023 under sections 16 and 17 of Chapter VI of the Town ordinances; and,
WHEREAS, the Town of Manchester was represented by the Manchester Police Department, specifically Police Officer Ronald Taylor, Police Officer Derek Osgood, Lieutenant James Blanchard, and Chief Patrick Owens. There was no representative for Mr. Elijah Johnson or his dog, Kyng; and,
WHEREAS, Selectboard members Ivan Beattie, Greg Cutler, Laurie Kunz and Heidi Chamberlain heard the case; Beattie served as the hearing officer and Interim Town Manager Leslie Perra provided administrative support to the Selectboard; and,
WHEREAS, the Manchester Police Department presented evidence, including dash camera and body camera footage from the Vicious Dog Attack on January 24, 2023 at 50 Ways Lane, Manchester, VT. They demonstrated evidence that the dog did attack Amanda Hall at the residence, including evidence of a dog bite incident in Granville, NY. There were no representatives present for Mr. Elijah Johnson or his dog Kyng; and,
WHEREAS, the Manchester Selectboard finds that the dog, Kyng, kept by Mr. Elijah Johnson, constitute a considerable enforcement issue; and,
WHEREAS, the Manchester Selectboard concludes, based on testimony, that Kyng attacked Ms. Amanda Hall at 50 Ways Lane on January 24, 2023, resulting in multiple dog bites that required emergency medical treatment; and,
WHEREAS, it is unclear if Mr. Johnson had Kyng vaccinated against rabies, as required by State law and Town ordinances; and,
WHEREAS, the Manchester Selectboard finds adequate reason to conclude that Kyng represents a significant public safety and public health risk to the general public and has negatively affected the collective tranquility of the neighborhoods that surround the residence where Mr. Johnson lives ; and,
BE IT RESOLVED, that the Manchester Selectboard issues the following Order, under the authority of Chapter VI, sections 16 and 17 of the ordinances of the Town of Manchester, Vermont, which authorizes the Selectboard to make such order for the protection of persons as the facts and circumstances of the case may require, effective immediately and until replaced with another Selectboard Order:
FIRST, the Manchester Police Department is hereby directed to impose the maximum penalties provided for in Chapter VI; and,
SECOND, Mr. Johnson shall provide proof of up to date vaccinations and registration of Kyng; and,
THIRD, Mr. Johnson shall construct an appropriate confined fenced area constructed of chain link and a secure gate in the back of his property on Ways Lane designed to ensure that Kyng cannot escape and the public cannot access the confined area, and that Kyng shall be confined to this area whenever outside on the property of Mr. Johnson; and,
FOURTH, Kyng is hereby forever banned from Town Parks, including the Manchester Dog Park located at the Dana L. Thompson Memorial Park, the Dana L. Thompson Memorial Park, Adams Park, and the Factory Point Town Green; and,
FIFTH, Kyng is hereby forever banned from school properties in the Town of Manchester, including Manchester Elementary Middle School, Burr and Burton Academy, Maple Street School and Northshire Day School, and any other place where children gather; and,
SIXTH, Kyng shall be leashed and muzzled whenever walked in public or on a public right of way, and shall never be unleashed or unconfined whenever outside the secured area of Mr. Elijah Johnson’s house. Kyng shall not be walked in public by a person under 18 years of age; and,
SEVENTH, Kyng shall not have access to any child under the age of 18; and,
EIGHTH, Mr. Elijah Johnson shall license and register Kyng with the Town of Manchester Town Clerk on or before April 1 of each year. Failure to do so shall be considered a violation of this Order and punishable accordingly; and,
NINETH, Mr. Elijah Johnson shall immediately notify the Manchester Police Department and Manchester Town Clerk when and if Kyng moves outside of the Town of Manchester or is deceased; and,
TENTH, the Manchester Police Department is hereby ordered not to release Kyng until such time as any and all fines and fees (including impoundment fees) are paid in full; and,
ELEVENTH, Mr. Elijah Johnson, or Kyng’s current owner, has until February 11, 2023 to claim ownership of Kyng. All items, except number three, must be complied with by February 8, 2023. Number three can be completed when the weather permits. If Mr. Elijah Johnson, or the current owner, does not come forward by February 8, 2023, Kyng shall be forfeited to the care and custody of the Town of Manchester, Vermont, per Chapter VI of the Town Ordinances; and,
TWELFTH, due to the risk to public safety and public health, and violations of Chapter 6 of the Town Ordinances, the Manchester Selectboard hereby orders and directs the Manchester Police Department to enforce this Order with vigilance and the highest level of commitment. Be it known that any violation of this order shall be punishable by a fine of $800.00, in addition to fines related to other violations of Chapter VI, and impoundment and impoundment fees; and,
THIRTEENTH, the Manchester Selectboard orders and directs the Manchester Police Department to deliver this Order to Mr. Elijah Johnson, via certified mail and by hand delivery, and file a copy of this Order with the Manchester Town Clerk; and,
LASTLY, Mr. Johnson is hereby advised of his right of appeal to the Civil Division of the Superior Court within 30 days of the approval of this Order.