Town of Edgecomb Minutes for Schmid Advisory Committee Meeting
March 19, 2003, 7:00 p.m., Town Hall

1. Call to Order: The meeting was called to order by Bob Leone, Chairman, at 7:00 p.m. Committee members present were Andy Abello, Jim Beam, Bob Leone, Dick Oulton, Deborah Sondergaard, David Tonry and Bob Zak. Also present were Janet Blevins, Faith Coakley, Barry Hathorne, John Markowski and Betty Twarog. There was no public input.

2. Chairman's Report - Bob Leone

A. Review of Minutes: Under 4B - Trail Map Update, the date of the parking lot dedication was changed from the last week in April to May 10th.

B. Next Meeting: April 16, 2003

3. Information Session with Maine Game Warden Doug Kulis

Doug Kulis, the District Game Warden, and Mark Warren, Training Supervisor of the Maine Warden Service and a resident of Edgecomb, spoke to the committee on ATVs and trapping. Doug Kulis said that he had not seen much destruction of property caused by ATVs and his department tries to facilitate relations between owners and sportsmen. Andy Abello said that the Management Plan for the preserve suggests that there be no motorized wheeled vehicles because of erosion and ruts. Bob Leone said that adjacent landowners who had suffered erosion problems were looking to the preserve for help in controlling ATVs. He added that signs have been put up and although most people obey the signs, there are a few who do not.

Doug Kulis said that in order to prohibit ATV use, the preserve would be dealing with trespass laws, specifically Title 17A. He said one problem with the trespass laws is that it has to be proven that the trespasser knew that he was not supposed to be there. There are two ways to let people know that they should not be there -- one is through signage (signs must be no more than 100 feet apart) and the other is to speak to the ATV riders as a landowner and inform them where the boundaries are and that they are not allowed on the preserve. He suggested documenting these encounters by getting the name of the trespasser. He also suggested having information available at the Town Office when they register, assuming they are local. Mark Warren recommended inviting the ATV owners to a meeting and explaining the concerns regarding erosion. He also said that a task force had been set up to address problems and recommend legislation regarding ATV use. As more and more restrictions are put on the ATV owners, they will join clubs and approach owners such as the preserve committee with proposals for use of the land.

In response to a question by Bob Leone, Doug Kulis said that groups will sometimes police themselves but the best solution is to work with people who will work with the committee. Mark Warren said that if the committee wants to set up a policing program his department can help with that. He recommended that a sign be posted advising of a gated trail to avoid someone running into the gate in the dark. In summary, Doug Kulis said that education with enforcement as an option is the recommended solution and that if he or Mark Warren saw ATVs in the preserve; they would inform them that they were trespassing.

With regard to trapping, Bob Leone said that hunting and fishing were allowed on the preserve as recreational pursuits, but trapping had not been mentioned in the Management Plan. He said that harvesting timber was not allowed because it was a commercial venture and he asked if trapping could be other than commercial. Doug Kulis said that trapping was commercial, but not very profitable and could be considered a recreational activity. Mark Warren said that the benefits of trapping should be considered, i.e. reducing an overpopulation of coyotes or raccoons which could be rabid; however, the traps can be dangerous to dogs if placed near trails.

Doug Kulis said that trappers need written permission from the landowner in order to trap and wardens will deal with illegal trappers if the landowner complains. The preserve is not public State land, it is owned by the Town and permission to trap must be obtained from the Town. He said there were several trappers in the area, probably less than ten. He added that it is possible for a landowner to allow certain trappers on his land and prohibit others. The early fox and coyote trapping season is from October 20 to November 2 and trappers will usually till up the ground and hide traps on the side of the road and that is where conflicts usually occur. Doug Kulis said that a landowner can set limits on the location of traps, for instance the distance from a road where people usually walk.

Mark Warren said that trappers typically identify the common behavior of wildlife and set their traps on travelways and trapping of every species is unlikely. If trapping is prohibited on the preserve, it will be a good habitat for the coyotes.

In response to a question regarding the advantage of beavers in the preserve, particularly because timber harvesting is not allowed, Doug Kulis said they are a great resource because they provide an excellent wildlife habitat, but can be a nuisance particularly to abutting landowners by flooding roads, blocking culverts, etc. There is an animal damage control program which has licensed trappers to trap or in other ways alleviate the problem if necessary. The landowner or the State pays for his services. Mark Warren said if the preserve wanted to keep the beavers, the committee should get the permission of surrounding owners whose land could be affected and the State would close the area to trapping. The committee should be aware that if beavers on the preserve cause damage which affects neighboring properties, the preserve could be liable.

In response to Bob Leone's question regarding acquisition funds, Mark Warren said that Outdoor Heritage grants were not necessarily for acquisitions, but there were federal acquisition funds available. He asked Bob Leone to contact him if the committee wanted to pursue those funds.

Doug Kulis said signs were available from the State and he left samples with the committee. He said the easiest way to reach him was through the State Police number or committee members could call him at home if it was just for information. Mark Warren said he would be happy to respond if something came up and he could be reached at his home in Edgecomb. He said he would be interested in the preserve's stewardship program.

4. Selectmen's Report - Bob Zak

The sale price for the Haselton property is $73,596.14. This year's committee expenses are $618.81 to date. The tentative budget of $1,750 was given to the Budget Committee. The Selectmen will recommend carrying the loan for the Haselton property for another year if necessary. Information for the Town Report is due by the end of the month and should include information on RiverLink and the Haselton property status.

Bob Zak reported that a hearing was held on the motion of the preserve's counsel to dismiss the Carfizzi case because it was over the value of the Small Claims Court. The opposing counsel was not present and the judge is expected to hand down a decision soon. If the case is dismissed, the plaintiffs could then go to Superior Court but that action must be taken within a year of the damage.

5. Land Acquisition, Boundaries, and Roads - David Tonry

Changes to be made to the map will be given to David Tonry and the method of identification of the trails needs to be determined. It was suggested that the trails be highlighted on the map in the same color as the blazes on the trails.

6. Public Relations and Stewardship - Andy Abello and Deb Sondergaard

The spring newsletter will be scheduled for the end of May after Town Meeting and after the dedication of the parking lot on May 10th.

With regard to fund-raising for the operating budget, Bob Leone said there would be donation boxes at the kiosk and the apple-pruning workshop. Other suggestions were a tree identification workshop, a raffle, and a carwash.

7. Trails - Jim Beam and Dick Oulton

Bob Leone scheduled a Wednesday work night on April 9th from 5 to 7 p.m. Blazing and cutting can be done at that time after most of the snow has melted. He suggested a 2' x 6" blaze on a spruce post the starting point of each trail painted to match the colors indicating the trail as highlighted on the map.

8. Other Business

Bob Leone reported that the Cost Share Mowing Program application had been filed.

Whether or not to allow trapping on the preserve was discussed. It was felt that if allowed, written permission must be obtained and that there should be signs on the gates warning of traps. Another suggestion was to not allow trapping but make an exception for responsible trappers. There was a consensus that if trapping were allowed, it should not include the trapping of beavers. Committee members will review the material and the matter will be put on the agenda for the next meeting.

9. Public Comment - John Markowski asked whether the Town would be liable for injuries caused by a trapper who had permission from the Town. It was assumed that both the Town and the trapper would be sued.

10. Adjournment - 8:45 p.m.