MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 4, 2007
A meeting of the Board of Selectmen was held this date in the Seal Harbor Fire Station Community Room, Seal Harbor, Maine.
Those present included: Chairman Ernest Coombs, Selectmen Kathy Branch, Rick Mooers, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Police Chief James Willis, Harbor Master Shawn Murphy, Town Clerk Joelle Nolan, Fire Chief Mike Bender, Recording Secretary Kathleen Miller and members of the public.
I. Call to order.
Chairman Coombs called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of May 21, 2007.
A corrections was noted for page 3, line 28, changing the word "water" to "sanitary."
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of May 21, 2007 as corrected, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
A. Approve appointment of Mickey Shattow to Warrant Committee.
MOTION: Selectman Smallidge moved to approve the appointment above, seconded by Selectman Mooers. The vote was unanimous in favor.
B. Accept resignation of Keating Pepper from Board of Assessment Review.
The resignation above was accepted. It was noted that the Board of Assessment Review will be looking for new members, that the applications for abatements will be coming in after the tax bills go out this summer. Payments will be due Sept. 1
C. Acadia Disposal District notice of Household Hazardous Waste collection August 18, 2007 at MDI High School.
This announcement was acknowledged, no action taken. The collection site will be at the back parking lot of the high school.
D. Appoint Gary Blanchette as Assessor's Agent.
It was noted that Mr. Blanchette will be contracted to finish up the tax commitment, and needs appointment as Assessor to complete the work legally.
MOTION: Selectman Smallidge moved to approve Mr. Blanchette as Temporary Assessor, seconded by Selectman Smith. The vote was unanimous in favor.
E. Notice of Acadia National Park payment of $1,549,099.68 for portion of Otter Creek/Seal Harbor wastewater project.
The notice above was acknowledged, no action taken. Selectman Smallidge expressed thanks to the Town staff for their hard work in making these arrangements, noting that no additional money will be needed from the reserve account in light of this payment.
F. Acknowledge receipt of Bangor Hydro Electric request to place stub pole in MDOT right of way on Peabody Drive.
Acknowledged receipt of request, no action taken.
G. Acknowledge receipt of department monthly reports; Town Clerk, Police.
Acknowledged receipt of reports, no action taken.
IV. Selectmen Reports
A. Selectman Branch reported positive feedback on the sidewalks in Seal Harbor.
B. Selectman Smallidge reported that the State school consolidation report calls for each municipality to submit plans by Dec. 1, which closely coincides with the Town's meeting on Dec. 3 to approve the partial year budget. He raised the difficulty of schools already at minimum budgets to reduce them further. There was a general discussion of the State's proposal and implications for the town. Selectman Smith suggested the Town consider looking beyond the legislative process to a legal approach to fighting the proposal, perhaps leading the way for other towns to join in. Selectman Mooers suggested the plan may be coming to a legal-constitutional question.
V. Old Business
A. Approve release of $30,000.00 from reserve account #2760, Town Office Building CIA, (balance $86,191.84) to fund Town Office Building Roofing and Siding Project.
MOTION: Selectman Mooers moved to approve the release of funds noted above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Approve release of $60,000.00 from reserve account #2740, Water Infiltration of Sewers, (balance $122,112.35) to fund Summit Road sewer improvement project.
C. Approve release of $35,000.00 from reserve account #2880, Town Road Fund (balance $114,516.70) to fund Seal Harbor Sidewalk project and Summit Road sewer improvement project.
Public Works Director Smith noted these two items are related, and that engineering fees had not been included in the estimates previously approved. It was noted that there should be greater care in the future, since this was not what was presented at Town Meeting. There was some discussion on the nature of the problems with the Summit Road sewer lines. Mr. Smith said it was from general causes, not specific homes.
MOTION: Selectman Smallidge moved to approve the release of funds noted in items B and C above, seconded by Selectman Smith. The vote was unanimous in favor.
D. Filling vacant Assessor position, continue with full-time salaried Assessor or Assessor's Agent.
Town Manager MacDonald provided the Board with information on comparative town arrangements regarding the Assessor's position. He noted that most towns the size of Mount Desert do not have a full-time Assessor, but rather a part-time Assessor's Agent. He posed the question of what the town would accept since it is accustomed to good service from a full-time position. There was a discussion of the need and/or merits of full- or part-time positions, with comments including: the possibility of saving money with a part-time position; the value of having someone with good knowledge of the properties, which has resulted in fewer abatement problems; the limited need for immediate answers from an Assessor in most instances. Mr. MacDonald suggested considering a person to work two days per week, at roughly $40,000. There was consensus that there was
some time and this would be the right approach for now.
E. Approve Judith Swett licensing agreement.
Mr. MacDonald reported that property surveys have concluded that Mrs. Swett has built a parking lot and garden on Town owned property, which puts the Town in a potentially liable position. The Town attorney has developed a licensing agreement for her to use the land for $1.00, which has been presented to Mrs. Swett. To date, she had not responded to several letters or signed the agreement or paid any money to continue use of the land. Mr. MacDonald sought input from the Board on how to proceed. He noted the Town insurance agent wants coverage for the town on her policy, and the attorney wants acknowledgement from her that it is not her parcel of land, since it brings up boundary issues for the future. There was some discussion which included an explanation that the confusion may have arisen roughly 30 years ago when a fence was built upon
Town property well within the boundary; correspondence from Mrs. Swett indicated she thought she had acquired the property through "eminent domain"; the consensus of the Board that the Town should protect it's property, and the parcel may be needed in the future; and that the Town has been patient so far over the matter, with at least three face-to-face meetings. A suggestion was made that the Town erect a new fence unless she signs the agreement.
MOTION: Selectman Smallidge moved that the Town give Mrs. Swett written notice of its intent to erect a new fence along the correct boundary line in 30 days if the licensing agreement is unsigned, seconded by Selectman Mooers. The vote was unanimous in favor.
VI. New Business
A. Award 2007-2008 Fuel Bid, recommend Coastal Energy for all products, #2 heating, K-2, propane, and diesel fuel.
MOTION: Selectman Mooers moved to approve the award noted above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Discuss Special Town Meeting for adoption of "Quorum Requirements for Town Boards, Committees and Commissions."
There is new understanding of the requirement for a certain number of members for municipal boards and committees regarding their voting authority that would not allow Town business to be conducted if there is a vacancy on such board or committee. There is a State legislative proposal pending to the change the relevant statute, and if it passes no changes would be required by the Board. Eaton Peabody has provided sample language for quorum requirements that should be considered if the State legislature makes no changes. The matter could be considered at the special Town Meeting December 3.
There is concern about five boards, but not all committees, which could obligate the Town to something. There was a question of the ability to appoint someone to fill vacancies until the next election. There was a suggestion that the Board wait to see what the State legislature does about the matter before taking action, and if necessary bring it to the Town Meeting.
C. Approve Verizon Utility Pole Location Permit, for pole placement on Indian Point Road.
MOTION: Selectman Smallidge moved to approve the permit noted above, seconded by Selectman Smith. The vote was unanimous in favor.
D. Set public hearing date for Traffic Ordinance revisions.
MOTION: Selectman Smallidge moved to set July 2 for the public hearing noted above, seconded by Selectman Branch. The vote was unanimous in favor.
Some corrections were made on the Traffic Ordinance:
Page 4 (w) and (x): Sergeant should be Sargeant.
Page 6 (bl): there is no intersection of Upper Dunbar Road and Lower Dunbar Road.
Page 6 (bo): there is no stop sign on Steamboat Wharf Road at Cooksey Drive.
Page 6, Section B-3 (b): there is a stop sign at Neighborhood Road, not a yield sign.
Page 7 Section C-2: Whitney Farm Road should be included in the 25 mph section.
There was some discussion on who sets the speed limits, it was noted they are set by the state.
MOTION: Selectman Smallidge moved to amend his earlier motion on the Traffic Ordinance to include the corrections noted above, seconded by Selectman Branch. The vote was unanimous in favor.
VII. General Issues
A. Approve Proclamation declaring June 15, 2007 as Elder Abuse Awareness Day and encourage all Mount Desert citizens to recognize and celebrate the accomplishments of our Seniors.
Chairman Coombs read the Proclamation and announced the recognition of Mount Desert Police Officer Kevin Edgecomb as Elder Service Officer of the Year for his work with the elderly.
Selectman Mooers had drafted the document and noted that Mount Desert is the first town in Maine to proclaim Elder Abuse Awareness Day. He noted there will be a presentation on June 28 at Neighborhood House by State Attorney General Steven Rowe to Officer Edgecomb. He also noted that the TRIAD on elder services, which includes the Police Department, the Mount Desert Nursing Association, and senior citizens, has just started locally and recently conducted a prescription drug take-back event.
MOTION: Selectman Mooers moved to approve the Proclamation noted above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Comprehensive Plan Committee update.
Jerry Suminsby reported the Committee has gone through the revisions and edits to meet the State guidelines they will be submitting July 1. They expect to circulate it again before bringing it to Town Meeting. He noted the last item to complete is the Capital Improvement Plan, and made a comparison to the plans for Topsham and Gorham. He requested the Board and Town Manager put together language of what the Town needs for capital improvement over the next ten years. He suggested it should include the major expense items, trying to keep them from coming all at once. He suggested that this section is independent of the rest of the Comprehensive Plan. The Board and Manager said they would provide such a capital improvement plan.
C. Sewer funding.
It was noted that the sewer funding committee had dissolved, but had asked that this issue be brought up again before the Board of Selectmen.
Selectmen Smallidge proposed that the status quo be maintained as a compromise, and said the majority of voters have approved it. Selectman Smith said he believes it to be unfair, is opposed to basing sewer fees on valuation, wants to cover operation and maintenance costs, and seeks fairness on this issue that has been under debate since 1986 but has never been resolved.
There was a discussion on sewer fees that included the following considerations:
The current system is providing a bribe by the property tax and rebates;
The town is unique and requires a unique arrangement; should leave well enough alone with grants to septic system owners;
A sewer user fee should not be so hard to implement, it could easily mirror the water district; a poll of the town should be taken to see the support or opposition to a fee;
The reason for not having a sanitary district rests with the State and unfunded mandates; you can't put a district together with a small number of people;
It is not right to raise public money and give it to only some people;
It is scandalous to have a tax-free service, justified by the Boards; users should pay something, non-users should get some relief; a fee plan does not have to cover everything or be done all at once; there could be a circuit-breaker arrangement; the rebates were passed as an interim - not final - solution:
Public sewers benefit everyone, though not everyone uses them;
It's not right to force the hand of voters; question if this is the right time to change the system since property tax issues have changed over time with valuation of land increasing, property tax and sewer fees together would be a death knell to villages; should try changing valuation to house values, not land values;
25% of town is on the sewer system and should pick up some percentage of the operation costs, rather than everyone paying 18% to fund the operation;
Schools and sewer systems can't be compared, we want clean water in lakes also, which are surrounded by septic systems that may not be checked or running properly;
Should not discount the work of the committee that reviewed all these points;
In the committee there was no agreement on anything but a partial agreement on grants to septic system owners; all want cost to year-round residents as low as possible; system is sized to accommodate summer people;
Public Works Director Smith disagrees, said the system is not built to accommodate the summer usage.
MOTION: Selectman Smallidge moved to endorse the continuation of the current funding method for the sewer system, seconded by Selectman Branch. There were two votes in favor (Selectmen Smallidge and Branch) and three votes opposed (Selectmen Coombs, Smith, Mooers). The motion failed.
VII. Other Business
A. The Mount Desert Historical Society requested permission to erect four blue directional signs leading to the school house museum, that have been approved by the Maine DOT. Charlotte Singleton said it takes 6-8 weeks to have the signs in place, and visitors in the past have been confused about the location.
MOTION: Selectman Smallidge moved to approve the request, and authorize the Town Manager to sign the paperwork, seconded by Selectman Smith. The vote was unanimous in favor.
B. Selectman Smith requests that the Board revisit the issue of pursuing legal action on the state's school consolidation plan, perhaps as a class action suit, legal injunction, or some other legal proceeding, if the plan is approved by the legislature. He said it would be worth the money to at least get legal advice on the issue.
MOTION: Selectman Smith moved to instruct the Town Manager to explore the possibility of pursuing legal redress in the event the State legislature approves the school consolidation plan, seconded by Selectman Smallidge. The vote was unanimous in favor.
There was also a suggestion that other towns and our legislators know of this course of action. There was displeasure expressed about threats by the State to set fines or withdraw funding under certain circumstances, suggesting it was an encroachment on home rule.
IX. Treasurer's Warrants
Approve Treasurer's Warrant #35 for $159,105.97.
Signed as presented.
X Executive Session
None requested
At 8:15 p.m. the meeting was adjourn.
Respectfully submitted,
Jeffrey Smith
Secretary
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