Town of Eastham MA - Selectmen's Meeting Minutes 02/19/08

Board of Selectmen

Tuesday, February 19, 2008 – 6:30 p.m.

Location: Eastham Town Hall – Earle Mountain Room

Present: Linda S. Burt, Chair

Martin F. McDonald, Vice Chair

David W. Schropfer, Clerk

Also: Sheila Vanderhoef, Town Administrator

Selectman Linda Burt called the meeting to order at 6:30 p.m.

Acceptance of Resignation – Jeanette Sandblom

Selectman David Schropfer made a motion to accept the resignation of Ms. Jeanette Sandblom from the Search Committee with regret. The motion was seconded by Selectman Martin McDonald and so voted 5-0.

Library Anti-Trust Litigation

Sheila Vanderhoef informed the Board that this money is from a class action lawsuit, adding that Eastham’s portion of the settlement amounts to $300. Selectman Schropfer questioned if the funds will be restricted to certain uses. Ms. Vanderhoef replied that will be placed into a trust fund until used.

Selectman Schropfer made a motion to accept the $300 from the class action lawsuit on behalf of the Eastham Library. The motion was seconded by Selectman Carol Martin and so voted 5-0.

Flex Bus Service Update

Ms. Vanderhoef informed the Board that the Cape Cod Regional Transit Authority Board of Directors voted to change the Flex Service, including service cuts that will be effective March 1, 2008. Selectman Burt questioned if the service can withstand future deficits. Ms. Vanderhoef replied that the funding issues need to be addressed. She added that this year’s money is spent and the Town is still liable for their portion of the funding.

Public Licensing Hearing – Captain’s Quarter’s

This was postponed until the applicants can be present at a later date.

State Budget Recommendations

Ms. Vanderhoef informed the Board that this budget recommendation is from the Governor and outlines how it will help cities and towns. She noted that it does rely heavily on lottery aid from the casinos, which have not yet been approved. She added that the State is trying not to use an excessive amount of reserves, noting that everything is at risk for cuts due to decreased funding.

Selectman Schropfer made a motion to approve the minutes of the January 22, 2008 Regular Session with minor corrections. The motion was seconded by Selectman McDonald and so voted 5-0.

Public Hearing – Nuisance Dog

Selectman Burt read the public hearing notice as follows:

“The Board of Selectman will hold a public hearing on Tuesday, February 19, 2008 at 7:00 p.m. in the Eastham Town Hall, 2500 State Highway, Eastham, MA, under MGL Chapter 140, Section 157, concerning the complaint of a “nuisance, loose dog” owned by Ryan Sverid and Tabitha Frazier of 4775A State Highway (North), North Eastham, MA 02651. This hearing will include examination under oath of the complaint and the dog owner. All concerned citizens or representatives of the involved parties may attend and be heard.”

Ms. Vanderhoef introduced Detective Ben Novotny, Senior Patrol Officer, and Officer Diana Palm, Animal Control Officer.

Mr. Novotny informed the Board that “Behr” is a chow/retriever mix who, on April 16, 2007, was loose and bit Ms. Carolyn LeShane, after which the owners, Ryan Sverid and Tabitha Frazier, were issued a warning. He further explained that the dog was reported loose again and the owners were issued a $50 fine. Detective Novotny then explained that the owners were issued another citation for $100 in December 2007. Since then, there haven’t been any further reported incidents. He noted that they are recommending construction of a fence, better restraints and behavior training for the dog.

Selectman Burt questioned where the dog has been loose. Officer Palm responded that it has been seen loose numerous times, noting the last time the dog was found on Bayside Road. She added that if the dog had not bitten anyone, it would not be a public safety issue. Selectman McDonald questioned if additional steps have been taken to keep the dog contained. Ms. Frazier responded that they have gotten a sturdier clasp for the outside run and have been keeping the external door to the outside closed. She added that the landlord will not allow them to construct a fence. Mr. Sverid noted that while the dog barks a little, it is not dangerous. He added that they have gotten him a new collar and outdoor run system. Selectman McDonald questioned when this was done. The owners responded that these measures were implemented in December of 2007.

Ms. Frazier noted that Officer Palm had informed her that the injury looked like a scratch and the dog was quarantined for 10 days. Selectman Schropfer questioned if the dog is crate trained. Mr. Sverid responded that he was for approximately two months.

Officer Palm noted that Ms. LeShane came into the station visibly upset, stating that the dog had attacked her and her dogs. Officer Palm added that there was a puncture wound on Ms. LeShane’s left hand. Officer Palm explained that when she went to the residence to speak with the defendants, the dog was there and demonstrated aggressive behavior to Officer Palm. Mr. Sverid suggested putting in a temporary fence until they move into their new residence.

Selectman Schropfer noted that the dog needs to take behavior classes, be on a leash when it is outside the residence and crated while inside the house. Detective Novotny noted that he and Officer Palm can monitor these criteria to assure that they are being met.

Ms. LeShane stated that she was bitten and the dog is often loose. She added that this situation has become mentally and physically stressful for her and the neighborhood.

Selectman McDonald made a motion to ban the dog, known as “Behr”, from Eastham by March 3, 2008. The motion was seconded by Selectman Martin and so voted 5-0.

Selectman Martin made a motion that the dog, known as “Behr”, must be confined or under the control of an owner for the remaining period in Town, and if the dog does get loose, individuals are to notify the Police Department. The motion was seconded by Selectman Schropfer and so voted 5-0.

Traffic Control Signs

Christopher Lovelock, member of the Eastham Forum, noted that the Forum would like to see these changes implemented before the summer season begins. The Forum would like the Town to develop an action plan for installing new signs, removing obsolete ones and replacing word signs with symbol signs. Mr. Lovelock added that the accident statistics for the rotary have gotten the attention of MassHighway, who is suggesting approaching the signage as if the rotary were new construction. Mr. Lovelock informed the Board that the Forum will draft a plan and ask the Selectmen for an endorsement before sending it to MassHighway.

Mr. Lovelock added that certain safety signs would be a priority. Ms. Vanderhoef informed the Board that there is a little money available if they would like to begin this project. She noted however, that it will take several years to complete due to cost.

Ms. Vanderhoef informed the Board that repaving work is scheduled to begin April 9, 2008. The area involved will be from Salt Pond to the rotary.

Zoning By-Law Changes

Ms. Vanderhoef informed the Board that these changes are supplemental to the wind facility by-laws.

Selectman Schropfer made a motion to refer the following proposed warrant article Zoning By-Law changes to the Planning Board:

To see if the Town will vote to amend the zoning by-laws by adding to Section XIII at the end of paragraph B1 the following language “except for Wind Energy projects subject to Section XX”;

To see if the Town will vote to amend the zoning by-laws by removing the last sentence of Section XII, Paragraph B and adding the following language “The Planning Board will be the Special Permit Granting Authority for Section XIII – Site Plan Approval and Section XX – Commercial Wind Energy Facilities”;

To see if the Town will vote to amend the zoning by-laws by adding to Section XII the following: G. The Planning Board when sitting as a Special Permit Granting Authority under Sections XIII and XX of this by-law may impose a reasonable fee on the applicant for the employment of outside consultants. Upon the selection of an outside consultant by majority vote of the Planning Board, the applicant has 30 days to appeal the selection to the Board of Selectmen pursuant to the grounds set forth in M.G.L. c. 44, sec. 53G.

The motion was seconded by Selectman McDonald and so voted 5-0.

Selectman Schropfer made a motion to refer the following proposed warrant article Zoning By-Law change to the Planning Board:

To see if the Town will vote to amend the zoning by-laws by adding the following definitions to Section III:

Utility Scale Wind Facility: A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

On-Site Wind Facility: A wind project, which is located at a commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the project on-site.

Height: The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

Rated Nameplate Capacity: The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a “nameplate” on the equipment.

Wind Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.

Wind Monitoring or Meteorological Tower: A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

Wind Turbine: A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Receptors: Special selected points at which measurements will be taken for required analysis submissions under this bylaw.

The motion was seconded by Selectman McDonald and so voted 5-0.

Selectman Collins made a motion to adjourn at 8:10 p.m. The motion was seconded by Selectman Schropfer and so voted 5-0.

Respectfully Submitted,