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Selectmen's Meeting Minutes - 09/19/2005
Board of Selectmen Meeting, Sept 19, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, September 19, 2005

A meeting of the Board of Selectmen was held this date in the Somesville Fire Station Community Room, Somesville, 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, Acting Fire Chief Mike Bender, Recording Secretary Ellen Kappes and members of the public.

Call to order.

Chairman Savage called the meeting to order at 6:30 p.m.

Minutes

A.      Approval of minutes of Regular Meeting of September 6, 2005.

MOTION:   Selectman Coombs moved to approve the minutes of the Regular Meeting of Sept. 6, 2005 as presented, seconded by Selectman Smith.  The vote was unanimous in favor.

III.    Appointments and Communications

A.~~~~~~Approve appointment of David Lamon to White Tailed Deer Management Plan Committee.

Town Manager MacDonald said at least one more person would be needed.

MOTION:  Selectman Smith moved to approve the above appointment, seconded by Selectman Smallidge.  The vote was unanimous in favor.

B.~~~~~~Approve appointment of Robert Shea to Warrant Committee

MOTION:  Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs.  The vote was unanimous in favor.

C.~~~~~~Notice from Acadia National Park of intent to document conservation easement conditions on Ripples Road tract.

Town Manager MacDonald said a portion of the Ripples Road tract is in a conservation easement and that, because of a proposed transfer of part of it to Island Housing Trust, the Park wants to document the physical conditions as they exist.  Responding to Chairman Savage, he said he did not know if the Park holds the easement.  Chairman Savage said he wanted the Town staff to research the document rather than just hear the Park’s interpretation.  Selectman Smith agreed that should be done.

D.~~~~~~Acknowledge receipt of State of Maine Department of Audit report on Internal Controls Observations for the Town of Mount Desert.  No action required.

IV.     Selectmen Reports

Warrant for the Special Town Meeting.  The MD Fire Rescue Association wants to donate an infrared camera to it.  Chairman Savage explained to Joanne Robbins that if it had been a cash gift, the Board could accept it for the Town.  Since the camera will be a specific gift, under State Statutes it must be approved at a Town Meeting.  Acting Fire Chief Bender said this was because maintenance and replacement costs would have to be taken care of by the Town.

MOTION:  Selectman Smith moved to put this item on the Warrant for a Special Town Meeting seconded by Selectman Coombs.  The vote was unanimous in favor.

2.  Selectman Branch asked if the zoning status of the Seal Harbor Town Pier had been researched.  Town Manager MacDonald said it had not.
3.  Selectman Branch asked about a manhole cover on Rt. 3.  Public Works Director Smith said it would be filled in.
4.   Selectman Branch asked about the Seal Harbor outfall extension.  Public Works Director Smith said it would be 400 feet and would be done in about 3 weeks.
5.  Selectman Branch was concerned about the feral cats in Northeast Harbor.  She said the situation has to be aggressively addressed.  She thought neutering should be made mandatory for cats.  Town Manager MacDonald asked if aggressively addressing meant eliminating the cats.  Selectman Branch said it was apparent that the older cats were not human friendly.  They could be taken to an SPCA and farmed out as barn cats.  A similar problem in Seal Harbor was addressed through a private resident a few years ago, she said.
Selectman Coombs said one of the problems was that people feed the cats.  Neutering them could get very expensive.
Police Chief Willis said Officer Edgecomb has been working on the problem with a few residents.  It is not being ignored.  Shelters can’t take all the cats.  He said he was open to suggestions.  Selectman Branch thought there should be a more humane way to cure the increase in the cat population.  They need to be trapped caught, spayed and neutered.  The truly wild ones should be taken to a shelter that has a program looking for barn cats.  She did not want the neutered cats to be turned loose again.  Responding to Chairman Savage, she said she thought euthanasia would be a sensible solution.
Police Chief Willis thought the Town could use more involvement from the community.
Noting that the shelters are overwhelmed as it is, Selectman Smith suggested asking a veterinarian for advice.
Selectman Branch thought the Board should hear from Officer Edgecomb before making a rash decision.  Chairman Savage said he should make a report at the next Board meeting.
George Peckham said many years ago, when a situation like this arose, you threw them in a sack with a brick and it went into the sound. And you weren’t criticized.   Selectman Coombs emphasized that was many years ago.
6.   Chairman Savage reminded Board members to hand in their evaluation forms for the Town Manager.  There will be an executive session after the next Board meeting.
7.  Chairman Savage asked about paving progress on Sargeant Drive.  Public Works Director Smith said Lane Construction was now working in Trenton and Seal Harbor.  Selectman Coombs said they have treated this Town shabbily.
8.  Chairman Savage asked about the odor problem in Seal Harbor.  Public Works Director Smith said he had had no negative reports.

V.      Old Business

A.~~~~~~Island Housing Trust request for Special Town Meeting to approve transfer of ten acres of Ripples Road tract.

Town Manager MacDonald said IHT Director Chris Spruce had brought him the requested material that afternoon.  Mr. Spruce said he had a draft for a Warrant Article that had been approved by the Trust Board.  Sam Coplan presented a context map showing where the ten acres would be off Beech Hill Road.  The parcel is fairly high and dry, with some ledge and some very small parts that are wet.  The idea was to keep the parcel as close as possible to the village and to existing sewer lines.
Chairman Savage said the transfer of the land 20 years ago to resource protection zoning was a holding mechanism until a use was found for it. Selectman Smith said, at that time, no restrictions were put on the property.  
Responding to Selectman Smallidge, Mr. Spruce said the housing would be affordable to those working on MDI.  The IHT board is now putting together criteria for applicants.
Chairman Savage expressed enthusiasm for the project and said the IHT is making a major step in the right direction.  Selectman Smallidge agreed.

MOTION:  Selectman Smith moved to place the Warrant Article as presented on the Warrant for a Special Town Meeting on Nov. 7, 2005, seconded by Selectman Smallidge.  The vote was unanimous in favor.

B.~~~~~~Special Town Meeting schedule.

Town Manager MacDonald said the official warrants would have to be signed by Selectmen at the next Board meeting.

C.~~~~~~Reconsider placement of Handicap parking space at Seal Harbor Post Office.

Selectman Branch said about 12 people complained about where it would be and wondered why it couldn’t be between Lighthouse Restaurant and Abby Chapel, further away from the Post Office.  No action was taken.

VI.     New Business

A.~~~~~~Approve contract with Acadia National Park for proportional share of Otter Creek/Seal Harbor Wastewater Treatment Plant upgrade and authorize Town Manager to sign same.

Town Manager MacDonald wanted to table the above until the next meeting.  No one objected.

B.~~~~~~Respond to request for wedding guest parking on Town owned vacant lot, Main Street, Seal Harbor, for October 15, 2005.

MOTION:  Selectman Smith moved to approve the above request, seconded by Selectman Coombs.  The vote was unanimous in favor.

C.~~~~~~Authorize Lookout Way Sanitary Sewer Reconstruction in the amount of $50,000 from reserve account #2780 (Summit Sewer, current reserve account balance $186,545.00)

Town Manager MacDonald said the Water District will be doing some work on part of Lookout Way and that a sewer line there needs replacing as part of the Summit Road sewer project.  The above gives the Town the opportunity to do both jobs at once and open up the pavement only once.  Selectman Coombs said it would be money well spent.

MOTION:  Selectman Smith moved to authorize the above, seconded by Selectman Coombs.  The vote was unanimous in favor.

D.~~~~~~Traffic Committee and Public Works Director Smith memo concerning traffic and parking issues.

Public Works Director Smith summarized the minutes from the last TC meeting.  Police Chief Willis explained the issue with the Gray Cow parking lot.  Selectmen upheld the TC’s response to it, authorizing no change and no additional access to the lot for an adjacent homeowner.  Chairman Savage said a formal vote was not needed to take no action.  
Public Works Director Smith said the committee has been identifying areas where overgrowth of shrubs and trees obstruct visibility at intersections and wanted to know how to proceed. Chairman Savage said the issue comes up every few years, especially when cedar hedges grow into sidewalks and thought a request from the committee would help.    

E.~~~~~~Designate voting delegate to MMA Annual Business Meeting, October 5, 2005. No action required.

VII.    General Issues

A.      Budget discussion, goals and objectives

Selectman Smallidge recalled that last year one complaint from department heads was that they went to considerable effort to produce their budgets and then were told by Selectmen to cut them.  He thought there was a lack of guidance from the Board.  Town Manager MacDonald said department heads have been asked to produce budgets based on what they need.
Responding to Mr. Peckham, Chairman Savage said a change in the fiscal year would not affect the budget project for at least one year.  Responding to Robert Mitchell, he and Selectman Coombs explained the reasons for the proposed change.  
Selectman Smallidge thought that outside of the Summit, Sinclair and Beech Hill Roads sewer projects, that the Town should not take on any new pieces. Responding to Mr. Mitchell, Public Works Director Smith and Selectmen explained that a new highway garage idea was only in preliminary stages and discussed possibilities with him.  Town Manager MacDonald advised that a new building on Sargeant Drive would not mean that at least one bay for a fire truck would not be kept in Northeast Harbor.  He applauded Public Works Director Smith and Acting Fire Chief Bender for looking ahead, not just reacting to current needs.
Selectman Smallidge asked Public Works Director Smith to resurrect the list he put together for long term sewer needs.  

VII.    Other Business

A.~~~~~~Appoint Patrick Smallidge as liaison to White Tailed Deer Management Committee.

MOTION:  Selectman Smith moved to approve the above, seconded by Selectman Coombs.  The vote was 4 to 0 to 1.  Selectmen Branch, Coombs, Savage and Smith voted in favor of motion.  Selectman Smallidge abstained.

Selectman Smallidge said the committee was divided between those in favor of hunting and those not in favor of it.   Chairman Savage advised him to take all the time needed to put together a proposal

Public Works Director Smith thanked people who live on and who use Sargeant Drive for their patience this summer.
Mr. Mitchell wanted to know if burning permits could be given over the phone instead of requiring the necessity of driving all the way to Northeast Harbor to pick them up.  Police Chief Willis explained that signing the papers in person was a State statutory requirement.  Mr. Mitchell wondered if the law couldn’t be changed.   The subject was discussed at length.

IX.  Treasurer’s Warrants

None

X       Executive Session

None requested.

At 8:10 pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge.  The vote was unanimous in favor.

Respectfully submitted,



Jeffrey Smith
Secretary




Adjournment. ~The next regularly scheduled meeting is Monday, October 3, 2005 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.