MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 16, 2006
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Town Office, Northeast Harbor, Maine.
Those present included: Chairman Rick Savage, Selectmen Kathy Branch, Ernest Coombs, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, Harbor Master Shawn Murphy, Fire Chief Mike Bender, Recording Secretary Ellen Kappes and members of the public.
I. Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of October 2, 2006.
Selectman Branch questioned the record of the vote on the Sept 18 meeting which was incorrectly written as 3 to 0 to 0. It should be corrected to read 3 to 0 to 1.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of October 2, 2006 as amended, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A. Approve appointment of Joelle D. Nolan as Warden for the November 7, 2006 General Election.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
B. Accept with regret resignation of Sarah "Sally" Merchant as Administrative Officer effective October 27, 2006. No action needed.
C. Accept with regret resignation of Sharon Gilley as Dispatcher, effective November 3, 2006. no action required.
D. Acknowledge receipt of $600.00 donation from Atwater Kent Foundation. No action needed.
6:35 Public Hearing: General Assistance Model Ordinance Appendixes (A-C)
At 6:35 PM, Chairman Savage closed the regular session and opened the above hearing.
Town Manager MacDonald explained the above. Responding to Nan Miller, he said that it would cover a family that can't cover burial expenses.
At 6:37 PM, Chairman Savage closed the above public hearing.
E. Acknowledge receipt of monthly Department Reports; Code Enforcement, Fire Department, Police Department, Public Works. No action required.
F. Acknowledge receipt of monthly financials, Trial Balance, Revenue Control Report, and Appropriation Control Report. No action required
G. Acknowledge receipt of Committee minutes: Traffic Committee, September 14, 2006; Planning Board Meeting September 25, 2006; Solid Waste & Recycling Committee Meeting, April 27, 2006.
A member of the Solid Waste Committee responded to Selectmen's confusion over the April 27 date, saying that the committee had not met since then until recently.
H. Acknowledge receipt of Union Trust third quarter investment report. No action required.
I. Acknowledge receipt of Mooring Agent report and check for $23,675.00.
Chairman Savage said the above is the gross amount. The Town portion is $15,254.00
J. Island Housing Trust Beech Hill Road project impact statements from Fire, Police and Public Works
Chairman Savage noted they said the project will have no adverse effect on Town facilities.
IV. Selectmen Reports
1. Selectman Coombs said Ken Poors asked if Selectmen would object to leaving the Seal Harbor dumpsters where they are until spring. The gravel up above would be more difficult to work on than the tar in the parking lot. Chairman Savage and Selectman Smith thought the plan to move the dumpsters should be given a try.
6:45 Public Hearings: Proposed Fiscal Year Change & Proposed White Tailed Deer Management
At 6:45 pm, Chairman Savage closed the regular session and opened the above public hearings. Proposed Fiscal Year Change
Town Manager MacDonald summarized the proposal for a fiscal year change. George Peckham explained his reasons for approving the change. Jean Bonville countered some reports that she had read in the paper. She said borrowing money rarely occurs before April and that more interest was earned on the borrowed money than the interest paid by the Town. Maine Municipal Association operates on a calendar year. A change could cause insurance problems. This Town's seasonal influx is mainly on a residential basis and requires a lot of service time for their needs from the staff. She thought there would still be a time between the fiscal year end and tax collections when borrowing might be needed. Two tax bills would double the office time and the costs. Changing the time meeting time could be done without
changing the fiscal year but it would require a charter change.
Bob Smallidge commented on the benefits of a town meeting date later in the spring. A meeting in March favors people living in Northeast Harbor and Seal Harbor.
Kim Parady said July is the busiest time in the Town office.
Mrs. Bonville stressed that changing the town meeting time is an entirely different matter from changing the fiscal year.
Gerard Haraden wanted to know why absentee voting will not be possible and was told by Chairman Savage that it is a straw vote. The final vote will take place at town meeting.
At 7:04pm, Chairman Savage closed the public hearing on a fiscal change
At 7:05 pm, Chairman Savage opened the public hearing on a Proposed White Tailed Deer Management plan.
Selectman Smallidge said questions should be directed to Tod Holbrook, chairman of the committee, Tom Schaeffer, Inland Fisheries and Wildlife biologist and Bruce Connery, Acadia National Park biologist.
Chris Breedlove, Hall Quarry resident, spoke against hunting. After a limited two-year deer hunting period, the matter would be turned over to IFW and unlimited deer hunting would follow. The Town would be unable to rescind a decision to allow deer hunting. It would take an act of the legislature to close this Town to unlimited hunting once it has begun, she said. Other towns don't think they have a deer problem. This Town is surrounded by those towns and the park. If the deer population is reduced in Mt. Desert, the deer can wander in from other parts of the island. With unlimited hunting after two years, anyone with a Maine license could drive onto the island and hunt all over this Town.
Mr. Smallidge asked about the criteria for determining a deer problem. Mr. Schaeffer talked about differences between the biological carrying capacity of an area and the social carrying capacity which can be determined from such factors as complaints by people with gardens, car/deer accidents, and cases of lyme disease.
Responding to Jerry Miller, Mr. Holbrook said the committee did not determine if there is a problem. The concern was the feedback from people and factors mentioned by Mr. Schaeffer. It is up to the townspeople to say if they feel there is a problem. Selectman Smallidge said they were relying on the people to decide.
Marilyn Mays said she had never seen hunting done in areas as populated as this Town. She wanted assurance that no one's child would be hit by an arrow. Mr. Holbrook said State law requires that someone be 100 yards away from any resident to discharge a firearm. Given this criteria, only 31% of this Town can be legally hunted. Mr. Connery displayed a map that showed which land would be excluded from hunting. Also, any landowner choose not to allow hunting. Linda Lewis said the map presented the greatest argument for not attempting deer management. It would be pointless to try to control deer population in a tiny percentage of the whole island. The only effective way to attempt to control it would be island wide. She never saw the questionnaire that had been circulated. She sensed the project could not be
about deer management but that it was an idea for some interesting recreation for some people.
Mr. Holbrook said there had been three public hearings and open meetings since last October. He said the map refers only to guns. If hunting were limited to archery, that could happen right in Northeast Harbor. He agreed with Ms. Lewis that it would be short-sighted to think in terms of the Town of Mt. Desert only.
Kathy Miller said she did not want hunting on any of her undeveloped woodland. She understood that deer are attracted to areas with new growth. The increase in housing development is causing a disturbance among the vegetation. Hunting is not allowed near any of the houses where people are spending a lot of money on plants and where damage is occurring. It pits people who are trying to protect their planted bushes against people who don't want hunting on their property. The latter would have to spend money on posting no trespassing signs. Hunting would be setting up a real division in the town.
Mr. Peckham felt there is not enough browsing material to satisfy deer during the winter because of the increase in forested areas. That's why they are eating shrubbery around properties.
Rick Mooers said every species other than deer and moose can be hunted legally in the Town.
Selectman Smallidge explained his opinions, calling hunting the oldest of Maine traditions. Responding to Selectman Smallidge, Mr. Schaeffer said deer typically live out their lives within a 6 square mile home range. He did not think there would be a vast migration of deer into this Town even if a real vacuum were created. He also said other areas depend on annual hunting to maintain the lower deer population that was obtained in a short term program.
Joanne Lee from Hall Quarry said everyone in her area enjoys the deer. Bow hunting is a very skilled art and could be very dangerous in a residential area.
Brian Reilly said he likes to hunt but said he understood that it is being left to the voters to determine if there is a deer problem. He wondered if information learned so far could be shared with all the towns and liked the idea that it could be put on the web site.
Ron Taylor was disturbed by frequent references to lyme disease. He thought that was a red herring because mice also carry the disease.
Nan Miller who is involved with Hospice said that there is an average of three cases of lyme disease per year in Hancock County. Deer ticks don't necessarily carry lyme disease. She spoke about products that are successful in protecting gardens from the deer.
Mr. Haraden said the deal breaker for him was that the Town would inherit an annual deer hunt. Since he will not be able to vote on an absentee ballot, he wanted selectmen to know of his opposition to the project. The problem of not being able to allow absentee ballots was discussed.
Jan Russell said this is a solution looking for a problem. She did not think there is a deer problem. She said she had a hard time growing grass in Florida because her 14 year son and his friends played football in her yard. She did not care about that and did not feel like killing them. She said a lot of the car/deer accidents on the island are caused by drunk drivers but we don't kill the drivers.
At 7:48 PM, Chairman Savage closed the public hearing and called for a short recess.
At 8:00 PM, Chairman Savage reopened the regular session. He said if there are final votes on the above matters, they will take place at the March Town meeting.
Selectmen Reports - 2. Responding to Chairman Savage, Public Works Director Smith gave an update on the Summit Road project.
V. Old Business
A. Adoption of MMA Model Ordinance GA Appendixes (A-C)
MOTION: Selectman Smith moved to adopt the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
VI. New Business
A. Approve inclusion of domestic partner coverage in Group Health Insurance program.
Selectman Smallidge thought the idea was premature. Police Chief Willis said domestic partner is defined. He said the situation is very common in society. Ms. Parady said the Town will pay no percentage for insurance policies for the above.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Approve Personnel Manual and related Personnel Policies as described in Appendix "A" of Personnel Manual
Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
C. Discuss request to release Town of Mount Desert interest in 20 foot easement between parcels located at Map 24 Lot 107 and Map 24 Lot 108-1 in Northeast Harbor.
Assessor Brushwein did not think the Town knows who owns the deed but did not think it would be adversely affected if the above is approved. If the matter becomes a warrant article, he advised that all legal costs, including the Town's review of the issue, be covered by the two parties involved. Other examples of such cases were discussed by Chairman Savage and Public Works Director Smith.
MOTION: Selectman Smallidge moved to include the above on the 2007 Annual Town Meeting Warrant, seconded by Selectman Branch. The vote was unanimous in favor.
D. Approve Rural Wastewater Support Program grant amount at $568.00.
Mr. Peckham was sure that the above is illegal. Town Manager MacDonald said the matter has been researched and was found to benefit the whole Town by protecting its ground water resources. It is legal and it was authorized at a Town Meeting.
MOTION: Selectman Smallidge moved to approve the above, seconded on Selectman Smith. The vote was unanimous in favor.
E. Approve and sign Town request to Department of Conservation for a "Grant-In-Aid" for concrete boat launch ramp at Long Pond.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
F. Approve release of up to $35,000.00 from Reserve Account #2880 for used for erosion control on Manchester Road and reconstruction of a portion of the storm drain system on Tennis Club Road.
Public Works Director Smith requested $8,288 from the above reserve account for the above. The above mentioned $35,000 was already approved and is not part of his request. Chairman Savage wanted to wait until the next meeting to consider the request.
VII. General Issues
A. Approve Town Manager's employment contract.
MOTION: Selectman Smallidge moved to approve the above as presented, seconded by Selectman Smith. The vote was unanimous in favor.
VII. Other Business
A. Budget review with Department Heads
Police Chief Willis said the biggest increase is in wages in the Police and Communications departments.
Recreation Director Anne-Marie DeRevere said the budget is the same as last year's. She asked about the procedure for accepting a possible gift of a basketball cage.
Mr. Peckham asked about the possibility of reducing gas costs. Town Manager MacDonald said the budget was figured on the cost of $2.75 per gallon. He said he did not want to take a chance by budgeting at current lower prices. Chairman Savage said he would rather be pleasantly surprised next year with an unexpended balance. Prepaying for oil was discussed.
Fire Chief Bender reviewed expected expenses and requests for new items. Chairman Savage was not happy with the bottom line, a 27% increase. He did not want to suggest where reductions should be. Fire Chief Bender reminded the Board that the $50,000 reduction last year was the result of a donation. Selectman Smallidge asked if everything in the Capital Improvement Plan is necessary. Future vehicle needs were discussed.
Harbor Master Murphy reviewed building maintenance needs. He said an electrical system problem has been plaguing the marina. Enough juice cannot get to the vessels at the end of the main dock where the highest fees are paid. The transformer on the south dock needs to be fixed. The biggest rate increase is the electricity in Seal Harbor. Chairman Savage wondered if enough is being charged for electrical use. Harbor Master Murphy said yacht owners paid $50.per day for it but they were not being supplied with what they are paying for and had problems not being able to run appliances. Responding to Selectman Coombs's question about the proceeds going into the general fund, Town Manager MacDonald said the auditors put them into an enterprise fund. After expenses are taken out, the positive balance goes into retained earnings. Selectmen noted that they and the voters aren't seeing this figure in the budget or as a tax reduction. Town Manager MacDonald said it would be possible to
pull the figure out and present it as a separate enterprise fund budget complete with revenue and cost estimates. This separate budget idea was discussed. Selectman Smith and Chairman Savage thought it would simplify the whole process.
Assessor Brushwein said the $1,500 overtime figure should be 0. That individual is now salaried. Under Improvements, a server would provide 5 sites for administrative staff members including a kiosk where the public can look up data. He would maintain the system.
Public Works Director Smith reviewed his budget, noting the overall the budget is down 3.71%. Selectman Smallidge did not like the idea of getting into the habit of going into credit reserves. The two discussed the issue. Noting the meeting was running late, Chairman Savage said the Board would take the requests under advisement and not make a decision that night.
IX. Treasurer's Warrants
Approve Treasurer's Warrant #80 for $233,699.17; # 81 for $15,514.36, # 84 for $417,042.04
Signed as presented.
X Executive Session
None requested
At 9:18 PM Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Branch. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
Monday, October 16, 2006
The next regularly scheduled meeting is Monday, November 6, 2006 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.
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