Board of Selectmen Meeting, October 3, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 3, 2005
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, Harbor Master Shawn Murphy, Acting Fire Chief Mike Bender, Code Enforcement Officer Kimberly Keene, 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 19, 2005 and special employee’s meeting of September 29, 2005.
Selectman Branch said on page 4 of the September 19 meeting, line 10 should say Water District instead of water company and line 45 should say Town Manager MacDonald advised.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of September 19, 2005 as corrected and September 29, 2005 as presented, seconded by Selectman Smith. The vote was 4 to 0 to 1. Selectmen Branch, Coombs, Savage and Smith voted for the motion; Selectman Smallidge abstained because he was not at the September 29 meeting. The motion carried.
III. Appointments and Communications
A.~~~~~~Accept with regret, resignation of Henry L. P. Schmelzer from Warrant Committee. No action required.
B.~~~~~~Accept with regret resignations of Wilton F Jones and Lori Stratton-Jones from White Tailed Deer Management Committee. No action required.
C.~~~~~~Town of Buxton letter suggesting Maine Communities respond to Hurricane Katrina Relief Fund to recognize the assistance the State of Maine received in the Ice Storm of ‘98.
Selectmen took no action.
D.~~~~~~Acknowledge receipt of Mooring Agent summary of activity and check for $20,413.50 as Town’s share of fees.
Town Manager MacDonald said less traffic but increased fees kept the revenue about the same as last year.
E.~~~~~~Acknowledge receipt of Planning Board minutes for meetings of August 22, 2005 and September 12, 2005. No action required.
Selectman Smallidge noted a recommendation that the building at 124 Main Street continue to be used as a public resource in the form of the Great Harbor Maritime Museum or a similar resource. Town Manager MacDonald said he received a letter that afternoon from the Comprehensive Plan Committee recommending the same thing. Chairman Savage wanted a summary from Town Manager MacDonald for the next meeting giving them a chance to review options for the building so they could present their ideas for a warrant.
IV. Selectmen Reports
None
V. Old Business
A.~~~~~~Respond to Marine Management Committee recommendation to extend Commercial Float moratorium for six (6) months.
Town Manager MacDonald said a letter received that afternoon from Andrew Keblinsky requested that the moratorium not be granted. Harbormaster Murphy said they needed time to get regulations worked out, send them to the lawyers and get them back in time to get them in place. Selectman Coombs said they should have the winter to formulate the regulations.
Selectman Smallidge requested a clarification of the sale of the boat in question. Harbormaster Murphy reviewed the subject.
MOTION: Selectman Smallidge moved to approve the above extension, seconded by Selectman Coombs. The vote was unanimous in favor.
Public Hearing:~6:45 PM~~~~~~~~Amendments to Traffic Ordinance
At 6:44 PM, Chairman Savage opened the above public hearing.
Police Chief Willis reviewed the amendments. Harbor Master Murphy suggested that the practice regarding trailer parking and boat storage stay consistent with current practice. Responding to Selectman Smallidge, Police Chief Willis said there has been sufficient parking for local boat trailer use of the ramp. Chairman Savage reminded him that the Town has never encouraged ramp use for non local use.
Selectman Smith noted there should be a limit of 23,000 pounds for through commercial traffic on the Whitney Farm road which is substandard and can’t take the weight. Public Works Director Smith said the matter is being discussed.
Jean Bonville asked if the public could see a list of amendments prior to hearings. Chairman Savage thought that would be a good idea.
At 6:55 PM, Chairman Savage closed the above public hearing.
Public Hearing:~7:00 PM~~~~~~~~Change Fiscal Year
At 6:56 PM, Chairman Savage opened the above public hearing.
Town Manager MacDonald and George Peckham gave explanations for the possible change.
When Bob Smallidge suggested Saturday Town Meetings, Town Manager MacDonald said options could be developed if and after the above concept was approved.
Town Clerk Kim Parady pointed to possible adverse impacts of change. Biannual tax bills would create biannual lead processes for due dates. Regarding cash flow, she said borrowing money doesn’t cost the Town money because of interest earned. The High School charter set February for budget hearings. Ordinances would have to be changed. A tremendous amount of work would be created. Gerard Haraden said difficulties created would be a one-time thing when the switch is made. He favored holding Town meeting in fair weather. Ms. Parady was interested in changing the Town meeting date. That did not necessitate changing the fiscal year.
Mr. Peckham was pretty sure the High School budget date was formed because of towns’ fiscal years. He said now this Town is the only holdout.
Ms. Bonville said a change in the High School charter would have to go to the State Legislature.
Also a change in the fiscal year would add costs to the Town, with at least two Town meetings to implement it. Two tax bills would mean twice as much handling of the information in the Town Office. It would cost twice as much to send the bills. The Town borrows in February to carry it through July and therefore would have to borrow anyway. This Town is not set up to operate on surplus. That procedure would have to be changed. October is a heavy month for money going out, for example with bond payments. Early spring and late fall bills would not make it any easier for taxpayers because that is not their earning time period. Change should be for a better reason. People should know the facts behind it.
Bob Smallidge said billing would not have to be twice a year. He thought March meetings favored those who live in Northeast Harbor.
Chairman Savage noted there will be more discussion on the matter and that the process would take a minimum of one and one-half years.
Selectman Smith suggested a straw poll at the November State election.
MOTION: Selectman Smith moved to hold an advisory opinion poll at the November State election, seconded by Selectman Smallidge. The vote was unanimous in favor.
At 7:24 PM, Chairman Savage closed the public hearing.
B.~~~~~~Feral cats; Northeast Harbor, information from Animal Control Officer Edgecomb.
Animal Control Officer Kevin Edgecomb said during the summer of 2004 he was informed about a large number of cats living behind businesses in Northeast Harbor. He met with a group of volunteers. With their assistance, 50 cats - mostly kittens, have been trapped and given away. A lot have been tested for disease. None were tested positive. The cats are healthy. A local veterinarian has spayed 3 females and neutered 4 males. Responding to Valerie Tracy who asked what a more aggressive program would be, he said a retired veterinarian has offered her services. Volunteers would do a massive trapping, spaying and neutering project. A lot of the cats are still sociable because they are being fed regularly.
Mrs. Tracy said the problem started when 2 domestic cats were left behind a few years ago and not caught then. The cats there now are not feral. They are healthy, beautiful cats. She would hate to see them shot or killed as some people have suggested. Officer Edgecomb said the cats were being fed out of volunteers’ own pockets. He said storeowners did not want to see a total elimination but they did want to see the numbers reduced. The young kittens are now ready to breed. He thought there will probably be another cycle of kittens this year.
Responding to Selectman Smith, Jean Lunt said placement of the cats from her house have been successful in the less than one year that the volunteers have been involved. All that is needed are more volunteers. She has offered her garage as a recovery area for cats that have been neutered and spayed. Officer Edgecomb said any trap, spay and release program would keep the numbers down. The problem is with summer workers who leave cats behind.
Mrs. Lunt said this is an extremely healthy colony. The volunteers know all the cats and would know when strange ones come in. The more a stable, healthy colony can be maintained, the better off you are. Responding to Chairman Savage, she said she did not know that the cats are the Town’s problem. She did not know why the matter was on the agenda. Officer Edgecomb was not unhappy with the success they have had so far and wanted the opportunity to continue. Responding to Selectman Branch, she said the population a year ago was probably the same as now, 50 cats.
Selectman Branch thought there should be mandatory licensing of cats so that if one were left behind, the owner would be held responsible.
Selectman Smallidge was impressed with the level of cooperation between Officer Edgecomb and people helping him. He was hearing that they were holding their own. He wanted to hear a proposal about what is needed to depress the population behind the stores.
Mrs. Lunt said they were hoping to catch the cats within the next month to prevent a large increase in the population. Kathy Scovill said the group has a protocol and does a lot of preparation before trapping. More volunteers could work with them and take cats to the vets. Mrs. Lunt said they need help with tending and feeding the cats after their operations. People can call her at 276-3916 if they want to get involved.
B. Warrant Committee Community Services & Recreation sub-committee discussion of “re-vamping” third party requests.
Carmen Sanford, Warrant Committee member, suggested separating the Neighborhood House, and the 3 libraries from the third party requests and putting them in an essential to the Town‘s development of the future line item on the Warrant. The Village Improvement Societies would go under Parks and Cemeteries 0435. The rest would remain under Other Services 0442.
Also she said Selectmen have not opted to take a look at any new requests in the last 6 years. Times, priorities and focuses have changed but the Selectmen have not changed. If Selectmen do not make a recommendation to the Warrant Committee, the latter committee’s hands are tied. She suggested that the Warrant Committee see new requests first and then make recommendations to Selectmen. She felt as if she has been spinning her wheels for years.
Selectman Smallidge agreed with moving the Neighborhood House to #3901.
Selectman Smith favored shifting the libraries and Neighborhood House. He said a change in how new requests are handled had a lot of merit but did not want to relinquish Board of Selectmen control.
Chairman Savage thought the libraries and Neighborhood House had always been placed highly as Town priorities. He disagreed with the idea of turning over delegation of choosing what third parties go on the warrant. That is the responsibility of Selectmen. Preparing the budget has to be done with some fiscal restraint.
Selectman Smith said it behooves Selectmen to give consideration to each request.
Ms. Sanford pled with Selectmen not to go with the same status quo.
Selectman Smith thought the deadline procedure was a little unclear last year and wanted a framework for this year. The procedure was discussed. Town Manager MacDonald said letters go to anyone who has sent a request to the Town.
MOTION: Selectman Smallidge moved to shift line 2935 Neighborhood House from Other Services to Recreation Department 3901 and to move the village improvement societies and libraries (lines 2928, 2929, 2930, 2932, 2934 and 2941) to a new department titled Village Improvement, seconded by Selectman Smith. The vote was 4 to 1. Selectmen Branch, Coombs, Smallidge and Smith voted for the motion; Chairman Savage voted against it. The motion carried.
VI. New Business
A.~~~~~~Set Public Hearing date for Special Town Meeting Warrant Articles (suggest October 17, 2005).
MOTION: Selectman Coombs moved to set the above date, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Sign Special Town Meeting Public Hearing Notice.
Town Manager MacDonald said that would be done at the end of the meeting.
C.~~~~~~Make recommendations for three (3) Special Town Meeting Warrant Articles.
Town Manager MacDonald read Warrant Articles 2 through 5.
MOTION: Selectman Smith moved to recommend the above articles be placed on the Warrant and recommended passage of all of them, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Set Public Hearing date for adoption of revised General Assistance Appendices ~(suggest October 17, 2005.
MOTION: Selectman Smallidge moved to approve the above date, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Set Public Hearing date for adoption of revised General Assistance Ordinance ~(suggest October 17, 2005).
MOTION: Selectman Smallidge moved to approve the above date, seconded by Selectman Smith. The vote was unanimous in favor.
F.~~~~~~Northeast Harbor Library request for assistance with cost of building sidewalks.
Anna Carr said the Library is raising funds for a new library building and at this time is planning exterior landscaping and sidewalks. Planners would like to work with the Town to make sidewalks accessible and as safe as possible. They seek assistance from the Town for this.
Architect Stewart Brecher showed drawings of two proposed options for the sidewalks. He pointed to the very least that could be built and still satisfy building codes. The Library property ends at a hedge. Since the grass verge between the hedge and the road is Town property, they will need permission from the Town if they build it themselves. The second option takes into account patterns and the need for a crossing from the school. With the exception of one at the bus turnaround, there is no curb cut on the sidewalk on Joy Road in front of the school now. It would also be helpful to have another crossing on Summit Road at the first safe place at the intersection of Joy and Summit Roads. A sidewalk would need to be constructed between that crossing and the library.
Since the project is expected to be put out to bid in January, they would like some lead time in order to resolve how to deal with it. The Library can’t afford to do all the necessary curbing and paving in its fairly tight budget. If the Selectmen think it might be possible for the Town and the Library to share the expense, the Library committee would like to discuss that at a subsequent meeting.
Chairman Savage thought Selectmen would entertain the idea of one of the proposals if they were given an idea of the cost.
Selectman Coombs said when the Town eliminated the short road where the verge is now, it agreed to give the Library a sidewalk when they decided what it wanted.
Town Manager MacDonald said two Warrant articles would probably be needed; one would be to give the Library permission to construct the sidewalks.
MOTION: Selectman Smith moved to consider the two options and place them on the Warrant
for the Annual Town Meeting, seconded by Selectman Coombs.
Responding to Martha Dudman, Chairman Savage said the Board would like to have the information by mid-December. Mr. Brecher thought the relative cost information could be ready by the next Selectmen’s meeting. Chairman Savage said if the Board approves the vote, the committee could just go ahead and write a proposal. The Board would rely on Public Works Director Smith as its representative for approval of the costs. Public Works Director Smith said he understood the costs would be shared. Chairman Savage said that, without writing the article at that time, he thought the Board agreed on the concept. He said if the Town builds the sidewalks, it would maintain them.
The vote was unanimous in favor.
A discussion followed about how much of the land is Town property.
G.~~~~~~Candidate nomination request from Municipal Review Committee.
MOTION: Chairman Savage moved to cast one ballot appointing Town Manager MacDonald as the representative, seconded by Selectman Smith. The vote was unanimous in favor.
VII. General Issues
A.~~~~~~Consider joining with Southwest Harbor and Tremont on White Tailed Deer Management Plan development.
Selectman Smallidge said this Town’s committee has not yet discussed this issue and would like a chance to do so. They would like to hear what Selectmen have to say. There are some concerns about a combined plan not being suitable for this Town.
Town Manager MacDonald said he has learned that one reason for the above would be so that Park representatives would not have to go to three separate meetings for informational purposes. Each town would have its own ordinance.
Selectman Smallidge said he understood that the Board agreed with the idea of participating in one informational meeting.
Chairman Savage assured Mrs. Tracy there will be many public hearings on the matter.
B. Traffic Ordinance Amendments
MOTION: Selectman Smith moved to change the ordinance to reflect the three amendments, seconded by Selectman Coombs. The vote was 4 to 1. Selectmen Branch, Coombs, Savage and Smith voted in favor of the motion. Selectman Smallidge voted against it.
Responding to Police Chief Willis, Chairman Savage asked him to keep the Board posted about the cats. Police Chief Willis understood that the cats are a Town problem. He thought Officer Edgecomb was doing a good job of handling it. Selectman Coombs was impressed with the volunteers who are willing to help. The Board agreed to give them a chance.
VII. Other Business A.~~~~~~Draft budget presentation
IX. Treasurer’s Warrants Approve and sign Treasurer’s Warrant # 85 for $718,634.46
Signed as presented.
X Executive Session
Executive Session – Pursuant to 1 MSRA 1 Ch. 13, §405.6.A; Town Manager annual evaluation.
MOTION: At 8:58 PM, Selectman Smallidge moved to go into the above executive session, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: At 10:08 PM, Selectman Smith moved to come out of executive session, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: At 10:09 PM, Selectman Smith moved to adjourn the regular meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith, Secretary
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