Board of Selectmen
Monday, September 21, 2005
Present: Linda Burt, Joy Brookshire, Peter Whitlock, Russ Sandblom, Ken Collins, Selectmen. Sheila Vanderhoef, Town Administrator.
Also Present: Officer Adam Bohannon,
Ms. Sarah Lightfoot of 50 Dyer Prence Rd.
Ms. Anna Morse of 42 Dyer Prence Rd.
Amiee Eckman
Steve Douglas
The meeting was called to order by Selectman Burt at 2:00 p.m.
Selectman Burt first made an announcement that she would like the meeting to be done by 4:00 pm.
2:00 Nuisance Dog (dog barking)-42 Dyer Prence Rd.
Selectman Burt introduces Officer Adam Bohannon and asked him to come forward and speak in regards to the dog nuisance.
Officer Bohannon: Problem is between Ms. Sarah Lightfoot of 50 Dyer Prence Rd. and Ms. Anna Morse of 42 Dyer Prence Rd. The problem of excessive dog barking began in February or March of 2005, and a formal complaint was made to the Police Department in May 2005. There was no official complaint until May 2005. And since then, Ms. Lightfoot has 9 documented official complaints. When Ms. Lightfoot called and complained a patrol car went by the Morse household, however, when the cruiser arrived the dog would either not be barking or would be inside the house. After this, Ms. Lightfoot, requested that a call be made to the Morse household and inform them that the dog was barking. In July 2005 Ms. Lightfoot was approached and made aware of her right to make a complaint that would go
before the Selectmen. She has just recently decided to come forward. There is only one documented incident in which the dog was barking when the Police Department arrived at the house.
Officer Bohannon then introduced Ms. Sarah Lightfoot who had a documented account of all the barking incidents as well as an audiotape of the barking, and what it sounds like in her house.
Thank You’s from Ms. Lightfoot.
Ms. Lightfoot stated that the dog will begin barking as early as 6:38AM and continue until as late as 8:23PM.
Ms. Lightfoot played the audiotape so that Selectmen could hear what the barking sounds like inside her house.
Can clearly hear barking from the tape, on tape Lightfoot can be heard documenting the times of the barking incidents. On one portion of the tape, in the distance could hear the owners of the dog trying to quiet him.
Ms. Lightfoot explained high-pitched barking at times.
Ms. Lightfoot explained that she spoke several times with the Morse’s and informed them that problems could arise from this situation, at which point it became a better. When the formal complaint was made to the Police Department they were very helpful but the barking has persisted. The Morse’s had another dog that did not bark constantly as this one does, but did, however, bark a lot. The time in between the two dogs has let the Lightfoot’s know what it is like to not have a barking dog around.
Ms. Lightfoot gave Selectmen Burt a copy of documented incidents since the last time the Selectmen requested a copy.
At this point Ms. Anna Morse of 42 Dyer Prence Rd. came forward and informed the Board, that as Ms. Lightfoot had suggested in her letter to the Selectmen, the run that the dog was kept on had been taken down. They are doing their best to keep him quiet.
Selectmen Collins asked Ms. Morse how old the dog is and was informed by Ms. Morse and her mother-in-law, who was also present, that the dog is 11 months old.
Ms. Morse informed the Board that ultimately she would like to have a fence put up to keep the dog in a fenced in area of the house.
Ms. Morse’s mother-in-law pointed out the she never let the dog out as early as 6:38AM
Selectmen Collins asked Ms. Lightfoot if the taking down of the run was satisfactory to her.
Ms. Lightfoot said that it would be if the barking did not continue.
Ms. Sheila Vanderhoef, Town Administrator, addressed Selectman Burt and mentioned that Ms. Lightfoot had said that she thought it would make a difference if the dog was not put on the run.
Selectman Brookshire mentioned that she has a dog who had had previous owners and when her family got him he had very bad separation anxiety and he was much happier when he was just always with them. Asked if he does this when he is around the family, or is he better.
Ms. Morse said yes that he is good when he is with the family. One problem is that when the dog is outside and they are in a certain part of the house, such as the kitchen, the barking cannot be heard, so much of the time they had not even been aware of it.
Another resident of Dyer Prence Rd. came forward and asked what kind of noise ordinances are there in Eastham. Dogs will occasionally bark, what are the rules in regards to the barking?
Town Administrator Sheila Vanderhoef mentioned Chapter 146 Section 157 that mentions nuisance dog barking but that there is no individual bi-law, but that what there is, is sufficient for this problem.
Selectmen Brookshire mentioned that several owners of this type of dog (Australian Sheepdog) actually get together and allow the dogs to heard sheep which is what they were bred to do and that when they are home they are much better behaved dogs.
Ms. Lightfoot spoke up and said that she believes that 90% of the barking occurs because the dog is not happy. She does not expect that the dog will not bark at all, but it is the particular type of bark that is so hard to take.
Selectmen Sandblom asked Ms. Morse if there was a possibility of the run being moved to the other side of the house away from the Lightfoot residence and asked her if she knew anything about the anti barking collars. Selectman Sandblom explains that the collars work by amplifying the dogs bark, this annoys him, so he stops barking.
Ms. Morse said that she would prefer to not put the run back up because it is a question of the dog being able to protect himself from the coyotes around the area. The barking collar might work, but the barking is a sensitive issue because sometimes the barking is necessary to protect the family and especially the children. She stated that she thought training might be an option.
Town Administrator Sheila Vanderhoef asked Officer Bohannon if he knew anything about the anti-bark collars.
Officer Bohannon responded that there are many types of collars that do many different things to keep the dog from barking.
Selectmen Brookshire gave some suggestions as to how some people find it easiest to keep the dog from barking. One such way is to put small rocks into a tin box and when the dog starts to bark, shake the can in front of him and it disturbs him, and when he stops barking to praise him by giving him a treat.
The previous town resident spoke up again and offered to give some help in regards to the training.
Selectmen Burt asked Ms. Lightfoot if she would be willing to wait a few months and see if the problem got any better with the help of the other Dyer Prence resident.
Ms. Lightfoot asked if something could be established as to what is excessive barking.
Selectman Burt responded that anything close to what was heard on the audiotape was excessive, anything that is half of that would be better, an improvement.
Ms. Morse’s Mother-in-law made a comment that she did not agree with a lot of the complaints.
Ms. Lightfoot retracted that she would disagree, said that she had been meticulous in regards to when the barking incidents were.
Town Administrator Sheila Vanderhoef said this issue should wait, and that something should begin to be put into writing.
Selectmen Whitlock stated that because the dog is young, now is the best time for something to be done in regards to this behavior because if something is not done it could follow him into adulthood.
Selectman Collins stated the he feels occurrences such as these, it is often better to be settled amongst those concerned, if something can’t be decided, then come back to the Board.
Ms. Lightfoot stated that she had previously spoken with the Morse’s but to no avail, will there be help if it is needed.
Selectmen Collins stated that there would always be help in the Town of Eastham to whoever needs it.
Selectmen Whitlock stated that some sort of order should be put together of what needs to be done.
Selectmen Burt stated that she thought it would be a good idea to get help from the other Dyer Prence resident that had offered it. Asked Selectmen Whitlock if that is what he meant by his motion.
Selectmen Whitlock clarified that he meant something such as training classes should be done, not just speak to the neighbor.
Ms. Morse mentioned that the dog will not even be around for four weeks because the family is going away. They are leaving in four weeks.
The Board begins to put a motion together.
Mentioned that over the next year the dog needs to go to training classes
Selectman Burt asked if over the next four weeks it would be possible for the neighbor to establish if the dog would be perceptive to training.
Selectman Sandblom stated that one month would not be long enough for training.
Selectmen Brookshire asked the neighbor when she would know if the dog would be trainable.
The neighbor said that she would know if the dog is willing to be trained in the next two weeks. She stated that she felt that the dog is bored and that is why he is barking and that he needs something to do.
Will report back in one month if the dog is trainable.
Selectmen Brookshire stated that part of the motion should be that whoever spends the most time with the dog should be the one working with him and attending classes with the neighbor, this would help relieve some pressure on Ms. Morse who works.
Chair Burt entertained the motion which was seconded by Selectman Collins. The motion was voted 5-0.
Town Administrator Sheila Vanderhoef began by saying that some changes had been made from what the Selectmen had already approved in regards to the written material. All agreed that the Swap Shope did not need to be manned in order for it to be open.
Amiee Eckman agreed and said that she had spoke with Steve Douglas and other volunteers and other people involved and all had agreed that the Swap Shop could be unmanned at certain times, everyone agrees that having the Swap Shop closed at certain times is not a good idea. If someone isn’t there trash gets left behind, but that can be handled by the loudspeaker system at the Transfer Station and watched by one of the DPW workers that are around anyway.
Town Administrator Sheila Vanderhoef stated that Steve Douglas found the changes ok, and asked if the Board found the changes agreeable.
Seconded by Selectman Collins.
Selectman Whitlock had a comment in regards to the loud speaker system.
Answered by Steve Douglas.
Selectman Collins stated that he thought that the Swap Shop is a good asset to the Town.
Chair Burt entertained the motion which had been seconded by Selectman Collins. The motion was voted 5-0.
Town Administrator Sheila Vanderhoef stated that paperwork had come in, that tied into the issue of the stone revetments or other types of solutions for the critical area. The paperwork gives good information in regards to the study. Suggested that before the Board goes out with the commission they read the packet of information.
Selectman Collins stated that it was a good report and not only applicable to this particular beach but many in the surrounding areas.
Selectman Sandblom asked when the Board would be walking around with the Commission and stated that it would probably have to be a high tide.
Town Administrator Sheila Vanderhoef mentioned the possible hiring of an outside expert to look at the geology of the specific area.
No date had been set for the observation.
Selectman Sandblom stated that it would be a good idea to find out what areas are of critical concern.
Town Administrator Sheila Vandrehoef stated that hiring somebody to look at the whole area would be a good idea. Areas where pumping offshore has been done creates a high real estate value. She strongly feels that expertise is needed in this area.
Selectman Sandblom stated that there is value in the beaches and that it deserves a good look.
Town Administrator states that a Student had contacted her in regards to filming a portion of First Encounter Beach. The items the student wants to bring are not of concern, and the times are good, and with the Boards permission, Ms. Vanderhoef said that she would contact and tell her that it was ok.
Chair Burt entertained the motion and was seconded by Selectman Brookshire. The motion was voted 5-0.
Town Administrator Sheila Vanderhoef stated that since Monday’s Town Meeting there had been several calls in regards to the school issue. Many wonder what the next step is. A length of time needs to be established and also things need to be discussed because problems will come up in regards to the Recreation department using the gym during the reconstruction because it had been discussed that the gym will be used for storage during the school reconstruction.
October 13 meeting with the Budget and Finance Committee for Nauset Regional Schools. It will be at the Nauset High School building. They are starting to put together a budget policy and, then will review as the school committee goes through it.
Selectmen Sandblom mentioned that something needs to be done for the Beach Committee and what direction can the Board tell them to go in at this time. Stated that the Beach Committee needs some direction from the Board because the Board had given the committee the impression to through with the process.
Selectman Collins stated that he felt it would be good idea to leave the issue settled for the moment and take a rest, and then there can be more discussions about it later.
Selectman Brookshire stated that she felt it would be a good idea to let both sides of the issue work out a deal with the Nauset Light parking lot.
Selectman Collins stated that half of the issue is already settled, he stated that he feels it is not a good practice to take 70 of the 170-something parking spots of federal property.
Selectman Whitlock stated that the Park Service made offers that could make it work and will allow 70 spots.
Town Administrator Sheila Vanderhoef stated that there was an agreement already in the process of being written up, she stated that she thought that was the direction the Board intended to go in. Stated that unless the Board wanted her to pull back there will be an agreement in place by next year.
Selectman Sandblom stated that in the short term the agreement with the National Seashore will work, but in the long term the town will need more spaces along the ocean.
Selectman Brookshire stated that she felt it would be healthy to step back from this and take a rest, she had read a similar idea in the Cape Cod Times.
Selectman Sandblom stated that it was not a good idea to go by what is read in the Newspaper, that the issue should be settled amongst the Board.
A town resident stood up and commented on the process that the Beach Committee had gone through. He said that it is easy to make negative sentiments. He fears that the lesson learned by the whole process is that when people work together, and follow all of the rules, and then at the end they will get turned down. He stated that it should be known that this group will not just walk away, they followed the rules and they worked hard for what they want.
Selectman Whitlock stated that coming to an agreement with the National Seashore is a good first step. After the agreement has come about, then maybe they can go forward from there. He stated that he felt stepping back as a Board and not getting into too much conflict would be best.
Selectman Sandblom stated that this is a good step because it will help with the problem next summer. A vote needs to take place, but after a rest.
Town Administrator Sheila Vanderhoef:
October 3 Water Discussion 5PM
Tuesday October 18 Fiscal Crisis Meeting, have reading material to give to the Board. 8:30AM off Cape.
Town Administrator Sheila Vanderhoef stated that as many as possible should try and attend the Budget and Finance Meeting at Nauset High School-October 13 at 4PM
October 17 Monday night meeting at 6:30PM
Selectman Collins asked when the Monday night meetings would go back to the 7PM schedule. He stated that town residents then have a chance to attend if the meetings are later in the evening.
Selectman Burt suggested taking a vote. She stated that having meetings at 5PM allows the Town employees who have something to say to attend if they are needed.
Selectman Whitlock stated that having the meetings at 7PM worked better for the residents, it is not as important to make sure that town employees can attend.
Selectman Sandblom suggested 6:30PM
It was decided that the meeting scheduled on October 3 will be at 6:30PM; Wednesday meetings will still be at 2:30PM
October 18 Town Forum, discussion about water. The people that were hired will be there to discuss what was done.
There being no other business, Chair Burt entertained the motion to adjourn, seconded by Selectman Collins. The motion was voted 5-0.
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