April 29, 2019 minutes

Chairman Dalton called the meeting to order at 6:12 p.m.

Recommendations on warrant articles

Town Counsel Thomas Mullen explained that after its public hearing, the Planning Board is planning to recommend a change to Article 15 that would add a footnote 4 to the Table of Dimensional and Density Regulations, § 4.1.2 of the Zoning Bylaws, next to the words “Elderly Housing District,” such footnote to read: “Single family residential use, available as of right in the Elderly Housing District, is subject to the same dimensional and density requirements that apply in the Single Residence D District.” Atty. Mullen said that zoning law requires that some by-right use be allowed in any district. He had reviewed this issue with the Board previously.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend Article 15 with the addition of language as approved by the Planning Board. Vote was unanimous.

Declaration of canine police dog Ace as surplus property

Town Administrator Robert Dolan told the Board that the Police Department canine “Ace” is no longer of service to the department due to a long-term injury to the canine officer, which resulted in the dog no longer being trainable for police work. He said the officer, Raymond Barnes, has agreed to keep the dog under an agreement reached between him and the Town.

Atty. Mullen reviewed the agreement by which the Town would grant possession of the dog to Officer Barnes, and recommended the Board adopt a policy for the disposition:

Police Dog Disposition Policy

Whereas, the Lynnfield Police Department (the “Department”) regularly employs the services of police dogs, which are assigned to sworn personnel within the Department as handlers and trainers; and

Whereas, as such dogs age and cease to be of use to the Department, they need to be retired from active police service; and

Whereas, under G.L. c. 30B, § 15(f), the Board of Selectmen (the “Board”) may dispose of any surplus tangible item having a resale or salvage value of less than $10,000 in accordance with written procedures;

Now, therefore, the Board determines as follows:

1. Whenever the Chief of the Department gives written notice to the Board that a police dog is no longer needed by the Department and is believed to have a then-current value of less than $10,000, the Board shall declare such dog surplus and shall authorize the disposition of the dog pursuant to this policy.

2. The Chief of the Department shall inquire of his personnel whether anyone wishes to take ownership of the police dog. In the event there are multiple applicants, the Chief will use his discretion in choosing among them, giving strong preference to any officers who have served as handlers or trainers of the dog, and will recommend one such applicant to the Board.

3. The Board will review and, in its discretion, may approve the Chief’s recommendation, on the condition that such individual sign a written undertaking, in form satisfactory to the Town Counsel, to care for the dog humanely at his own cost and to release the Town from any liability concerning the dog.

4. In the event that no person within the Department wishes to take possession of the dog, the Board will take reasonable steps, including soliciting any local, non-profit animal welfare organization, to find an appropriate home for the dog, failing which, as a last resort, the Board will consider ordering the dog to be euthanized.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board approve and Police Dog Disposition Policy as presented. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board declare the police canine “Ace” as surplus property and of minimal value. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move the Board vote to remain in session during the town meeting. Vote was unanimous. The Board adjourned at the conclusion of town meeting.