ORLEANS BOARD OF SELECTMEN JUNE 13, 2018 NAUSET ROOM FINAL. A meeting of the Orleans Board of Selectmen was held on Wednesday June 13, 2018.

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1 ORLEANS BOARD OF SELECTMEN JUNE 13, 2018 fr_epwc TOWN CLEkK NAUSET ROOM FINAL la AUG 23 9: 35 A meeting of the Orleans Board of Selectmen was held on Wednesday June 13, Present were Chairman Alan McClennen, Vice Chairman Mefford Runyon, Clerk Kevin Galligan, Selectman Mark Mathison, Selectman David Currier& Town Administrator John Kelly. Chairman McClennen called the meeting to order at 6: 30 p. m. 6: 30 p. m. Public Comment Doug Fromm from 21 Mill Pond Road was present. He sat as one of the 8 stakeholders of the Orleans Water Quality Advisory Panel. He feels that the panel was one of the best committees created by the Selectmen, and he would like to see it continue. 6: 52 p. m. Public Hearing regarding nuisance or dangerous dog Mr. McClennen read the notice that was served. All who were present in the audience to provide testimony stood and were sworn in by the Chairman. The complainant, Paul Samuelson was present. He had previously provided the Town Administrator' s office with a written narrative and photos of the attack. He stated that he is here to do his part in preventing another person from being mauled by either of the dogs involved in the attack. Based on his experience, Mr. Samuelson feels that both dogs involved are equally vicious. He added that he was surprised to learn that one of the dogs had previously bitten a contractor. Mr. Samuelson recalled his memory of the events and feels that the dog owner has demonstrated a completed unwillingness to prevent further attacks. Mr. Samuelson would like to see both dogs euthanized. Animal Control Officer Duane Boucher was present and summarized the Police Department report Both dogs involved are up to date on their rabies vaccinations and were given a 10- day strict confinement order. Officer Boucher spoke with the dog' s owner and it was reported to him that all 3 of her dogs are currently in training and they are working to break their pack mentality. Mr. Galligan asked if the dogs are licensed? Officer Boucher did not have that information readily available and did not see any valid dog tags. Mr. Galligan also asked if the dogs are spayed or neutered? Officer Boucher did not have that information readily available. Mr. Runyon noted that the Police report describes Mr. Samuelson' s injuries as minor. Given the photos provided, he asked if Officer Boucher would agree that they are minor. Officer Boucher responded as to what his opinion of the report is. Mr. McClennen asked Officer Boucher to briefly review what the Town Bylaw says about the control of dogs. Officer Boucher responded that it is a control bylaw, not a leash bylaw, and that dogs need to be under the control of their owner. 1

2 Oneida & Michael Lillis were present. Ms. Lillis thanked the Board for the opportunity to speak. The currently have three dogs in their home, Percy( 6), Hogie ( 5) & Finn ( 2). Finn has been taking basic obedience training and on November 6, 2017 was enrolled in a boot camp. Mr. Lillis provided copies of training certificates to the Board for review. Finn also wears an electronic collar every day and attends Nauset Pet Services two days a week. Ms. Lillis addressed the incident that happened at her home regarding Finn and a utility installer. Regarding the incident of May 18 with Mr. Samuelson, she stated that Mr. Samuelson was yelling at her to leash her dogs and running up behind her and the dogs then became protective of her. She was functioning under the assumption that the dogs were allowed to be off leash. Ms. Lillis believes that her dogs should not be punished for protecting her and noted that she will respect the decision of the Board. Mr. Galligan asked if the dogs are licensed? Ms. Lillis responded that they are not licensed in Orleans. All of the dogs are spayed and neutered. Mr. Runyon asked Ms. Lillis what " under the control of the owner" means to her. Ms. Lillis responded that the dogs are to do what they are told to do by their owner. Legal Counsel for Mr. Samuelson was present and questioned Ms. Lillis about her dogs and her memory of the events. Patty Platten from Boulder Lane was present. She stated that when this incident happened, she spoke with a number of people who have seen incidents with these dogs. Ms. Platten does not believe that the incident at Kents Point is isolated. Steve Nasinnyk from Heritage Drive was present and stated that he has no direct knowledge of the incident being discussed tonight, however he did have an encounter with these dogs last October while fishing on Skaket Beach. Mr. Nasinnyk reviewed his encounter with the dogs and Ms. Lillis. Mr. Samuelson' s counsel stated that the Board has credible evidence from three different parties where Ms. Lillis was not in control of her dogs. He feels that the Board has a duty to protect the citizens of Orleans from vicious animals and he is advocating that the animals be euthanized. Mr. Runyon moved to close the evidentiary portion of the hearing, 2nd by Mr. Mathison and approved Mr. Runyon and Mr. Galligan both feel we are dealing with dangerous dogs. Mr. Currier stated that some dogs have special needs and, in this case, these dogs and their handler might not be a good match. He does not feel that Ms. Lillis has good control over her dogs. Mr. Mathison added that Finn appears to be dangerous but does not know if he would categorize Percy as being the same 2

3 Mr. Runyon moved that Finn be categorized as a dangerous dog, 2nd by Mr. Galligan and approved Mr. Runyon moved that Percy be categorized as a dangerous dog, 2nd approved 3-2-0( Currier& Mathison). by Mr. Galligan and Mr. Runyon feels that this process can be confusing by calling it a dog hearing, it should be called a public safety hearing. The safety of humans is what is being considered and what happened at Kent' s Point is the responsibility of the dog owner and the dogs. Mr. Runyon moved that Finn be humanely euthanized, 2" d by Mr. Galligan and approved Currier& Mathison). Mr. Galligan reviewed the facts heard about Percy. He believes that the elimination of Finn will present further opportunities for the owner to properly continue training of the other dogs. Mr. Galligan moved that Percy will be confined to the premises of the keeper of the dog; provided, however that" confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run areas with a secured roof, sides, floor and dog house; that when removed from the premises of the owner or person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 foot in length and that the owner of the dog will provide proof of insurance in an amount not less than $ 100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued, and that dogs Percy and Hogie will be properly licensed with the Town of Orleans in three days, 2nd by Mr. Mathison and approved ( Runyon) Mr. Runyon moved to adjourn the public hearing, 2" d by Mr. Galligan and approved : 00 p. m. Discussion on animal control issues and options Mr. Galligan stated that Orleans does not have a leash law and feels that we may have an issue of what is considered " control". He asked if Mr. Kelly would get together with the Conservation Agent and Conservation Commission to review areas in town that might be suitable for an enclosed off leash recreation area. Mr. Mathison responded that he had the same thoughts about an enclosed area. He suggested looking at the former Tri Town Treatment Facility area. Mr. Runyon feels that the bylaw needs more definition and that this is a broad challenge we are being faced with. Mr. McClennen added that any changes to the bylaw would have to go before town meeting. Mr. Runyon moved to adjourn as Selectmen and convene as Park Commissioners with Mark Mathison as Chairman, 2" d by Mr. Galligan and approved : 07 p. m. Meet as Park Commissioners 3

4 a. Meet with Mike McNamara- Friends of Nauset Beach request to hold concert September 15 Owner of Hog Island Beer Company and founder of Friends of Nauset Beach, Mike McNamara was present. He reviewed his application request and added that there is no better way to hold an event then directly at the source that the benefit is for. Mr. Runyon and Mr. McClennen both agreed that this is a great idea. Mr. McClennen added that this is a great way to show how we can use a single use property in more ways than one. Police Chief Scott MacDonald and Natural Resources Manager Nate Sears were present and agreed that this is a great and well put together idea. Mr. McClennen moved to allow the Friends of Nauset Beach to hold their fundraising concert on September 15, 2018 at Nauset Beach as described in presentation this evening, 2nd by Mr. Runyon and approved b. Update on Nauset Beach Comprehensive Relocation of Beach Operations project and next steps Mr. Kelly provided the Board with a copy of the initial proposal from Tighe and Bond. They will be at the July 18, 2018 Selectmen' s meeting to review recommendations. Mr. McClennen asked how we are dealing with the possibly availability of the Nauset Knoll property. Mr. Kelly responded that if the property should become available, we can then review our options. Mr. Galligan would like to make sure that with the potential of having 2 contractors, that there is not overlap or duplication of work that has already been done. Mr. Currier asked why the Board has not discussed trying to rebuild Nauset Beach. Mr. Kelly reviewed the protocols that the town is required to follow. Mr. Sears added that it is possible that rebuilding of the beach would be a permittable project, however the science shows that it would be fiscally irresponsible. Mr. Runyon noted that he would be interested in hearing from experts about these projects. Mr. Currier would like to hear from people who have experience who have completed the projects. Mr. Mathison wants to be sure that we don' t get ourselves into the position where it would be difficult for people to get to the beach because parking and restrooms may be located on the upper properties. Mr. Sears added that we need to start reviewing the possibility of mobile facilities as a backup plan. c. Status of Mobile Food Vendors concessions operating at Nauset Beach this summer Mr. Kelly reported that all vendors are under contract and the electric service will be installed this week. One vendor has been operating and working with a generator. The goal is to have all four vendors operating by this coming weekend. 4

5 Mr. Sears asked if it would be possible to amend the start date in the contracts if electricity is not available this weekend. Mr. Kelly stated that if it comes to it, we can review the contract. Mr. Currier would like to invite Bob Duncanson from Chatham to be present at the July 11, 2018 Selectmen' s meeting to discuss the use of chase vehicles on Nauset Beach. Mr. McClennen moved to adjourn as Park Commissioners and reconvene as Selectmen, 2nd by Mr. Runyon and approved : 54 p. m. Wastewater Issues a. Update on demolition of Tri- Town septage facilities and need to supplemental appropriation Mr. Kelly provided the Board with an update of the demolition of Tri- Town septage facilities. During demolition, the contractors discovered asbestos. Initially, we were able to address the issue with the original appropriation. Around May, Mr. Kelly was advised by AECOM that when the final cleanout of the holding tanks was done, they found further asphalt material. Mr. Kelly has confirmed with Town Counsel and the Attorney General' s office that the work can proceed and does not have to receive bids for the change of work order, however they may want to seek competitive quotes. Brewster and Eastham are in agreement of the changeover. Mr. Mathison stated that given the proximity of the site to surrounding residential areas, we want to be sure that we contain any blowing dirt and sand. Mr. Kelly suggested the use of silt fencing. Mr. Galligan added the suggestion of having an Environmental Specialist complete once a week air testing. b. Final Design Services for Downtown Sewer Collection, Treatment and Disposal System Mr. Kelly reviewed the status of the final design services. Staff and Mr. Kelly have prepared what will be needed for the final RFQ based on the selection of the final designer. He provided the Board with a copy of the RFQ which reflects the vote taken at town meeting. Mr. Mathison recalled that about a year ago, he asked Mike Domenica about the septage treatment at the new facility and was given a number of about $ 500,000 a year in annual revenue. At that time, he had asked where the data was to back up that number. As of today, we have not received the requested data. We have never discussed with the septic haulers to see if they would be interested in returning to Orleans. We need to know if septage treatment at the facility is something that is viable to the tax payers to spend money on. Mr. Runyon remembers that we had a firm commitment from AECOM that they were going to put together a financial model and provide it to our Finance Director. Mr. Mathison moved to postpone these discussions until later in the meeting, 2' Runyon and approved ( Currier abstained). by Mr. Mr. Mathison moved to resume discussions, 2nd by Mr. Runyon and approved ( Currier abstained). 5

6 Mr. Kelly informed the Board that he has no problem telling the designer that the Board wants the final say of the project. He will find out the status of the promised financial report. Tom Parece from AECOM will be present at the July 11, 2018 Selectmen' s meeting to discuss further questions and issues. c. Discussion on OWQAP, role of Board of Water & Sewer Commissioners during final design, and Betterment Assessment bylaw Mr. Kelly provided the Board with an update on the betterment bylaw and added that further discussions will be had at the July 11, 2018 meeting. He reviewed the process of having any special Acts of the Legislature rescinded and what would need to be filed for state legislature. Mr. Currier stated that the nutrient management regulation is the only piece holding back property owners in the limited business district from expanding. Mr. McClennen stated that it also includes the general business district. Mr. Currier disagreed and the Board briefly discussed the regulation. Mr. McClennen Selectmen' s meeting to discuss the regulation. suggested that the Health Director come to an upcoming Mr. Mathison noted that one of his issues with the OWQAP was that a lot was done at their meetings which no one could attend because of the time the meetings were held. Mr. Kelly added that the Selectmen need to start including the Board of Water and Sewer Commissioners into these discussions. Mr. Currier asked if the Selectmen are still charged with trimming down committees and subcommittees. Mr. Kelly responded that the Board has had that goal for many years. 9: 40 p.m. Any items for future agendas Mr. Galligan suggested having a review of the community host agreements to get the word out to any potential adult use marijuana retailers. Mr. McClennen reported that the Open Space Committee Chairman would like to meet with the Board in Executive Session about a potential acquisition of land. Mr. Runyon would like to have discussions about the future of the Cape Cod 5 Operations Center in Orleans. He would also like to have further discussions with the Town Moderator about how to speed up the Town Meeting process. As the Police, Fire, Planning and Facilities departments come in to provide updates, Mr. McClennen would like to also receive updates on the status of any grants that they have been applying for. Adiourn Mr. Galligan moved to adjourn at 9:43 p. m. 2"" by Mr. Runyon and approved

7 Respectfully Submitted, Jennifer Clarke Ke Galligan, Clerk Documents in Packet 1. June 13, 2018 Agenda. 2. Public Hearing: Nuisance or Dangerous Dog Hearing Procedure revised date August 5, Memorandum: Dangerous Dog Hearing dated May 29, Orleans Police Department Incident Report incident# OF dated May 18, Orleans Police Department Narrative for Patrol Michael Lotti entered date May 23, Orleans Police Department Supplemental Narrative for Patrol Duane C Boucher dated May 24, FW: FYI' Dog Attack dated June 6, 2018 with image attachments. 8. MGL: Chapter 140 Section 157: Nuisance or Dangerous Dogs; Orders for Remedial Action; Appeal; Violation of Order. 9. Consideration of the Friends of Nauset Beach request to use Nauset Beach parking lot for the Cape Cod Roots and Blues Music Festival and allow the sale of alcohol dated June 8, Friends of Nauset Beach Concert dated June 7, Consideration of Chamber of Commerce request to use Eldredge Field for ClamBQ and allow sale of alcohol dated June 19, CIamBQ 2017 Field Map. 13. Cape Cod Blues & Roots Music Festival Application for Park/ Beach/ Field/ Facility Use Event Detail Memo dated June 7, Tighe& Bond Proposal Programming Analysis & Conceptual Design Phase Nauset Beach Relocation of Beach Operations dated June 4, Updated Permitting Status dated June 8, RE: Tri- Town STF Demolition STM Summaries and Schedule dated June 8, Fwd: Tri- Town STF Demolition STM Summaries and Schedule dated June 4, Orleans Brewster Eastham Groundwater Protection District Tri- Town Septage Treatment Facility Demolition FY19 Special Town Meeting Article Summary via Change Order revised date May 30, Transmittal to AECOM Technical Services, Inc. dated May 29, Amendment of Supplemental Intermunicipal Agreement Between the Towns of Orleans, Brewster and Eastham Relative to Construction Administration for the Demolition of Septage Treatment Facility and Site Restoration. 21. Town of Orleans Request for Qualifications: Final Design of Downtown Area Sewer Collection System, Treatment Facility and Effluent Disposal Site dated June 6,

8 I 22. Orleans Charter Section 8. Board of Water and Sewer Commissioners. 23. Any other documents submitted at the June 13, 2018 Meeting. 1 8

DOG BYLAWS. 3. There will be a late charge per dog for licensing after March 31 st. There will be no exceptions to this requirement.

DOG BYLAWS. 3. There will be a late charge per dog for licensing after March 31 st. There will be no exceptions to this requirement. DOG BYLAWS Section 1: Licensing: The owner or keeper of a dog kept within the Town of Heath shall cause the dog to be licensed individually or part of a kennel license, as provided in this Bylaw and Chapter