Board of Selectmen Meeting, February 21, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, February 21, 2006~
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, Harbor Master Shawn Murphy, Finance Director Brent Hamor, 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 February 6, 2006.
Selectman Smallidge said page 3, line 18 should be changed to read that this Town would benefit with the same costs as the other towns.
MOTION: Selectman Smallidge moved to approve the above minutes as corrected, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of William "Nick" Burnett to Solid Waste Committee.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Acknowledge receipt of department monthly reports, Police and Code Enforcement. No action.
C.~~~~~~Acknowledge receipt of volunteer board and committee meeting minutes, Comprehensive Plan Committee February 1 and February 8, 2006, Planning Board January 23, 2006, and Traffic Committee February 16, 2006. No action
D.~~~~~~Communication from Public Works Director Smith to Paul Slack, Manager of Mount Desert Water District. ~Discussion of scope of work for Summit Road Infrastructure Improvement Project.
Public Works Director Smith said he is trying to persuade the Water District to schedule replacement of a water main there in conjunction with the sewer work. This would save money and only disturb the neighborhood once. The District would be discussing the subject at a meeting this same evening. If the District were to wait and replace the water main later, it would need to dig up the Town’s sidewalks and replace them at its cost.
E.~~~~~~Notice from Bureau of Submerged Lands of Frederick F. Dupree Jr. application for submerged land lease for existing docking structure. No action required.
F.~~~~~~Notice of refund from DOE crude oil refund of $201.20.
Town Manager MacDonald said this resulted from an overcharge on crude oil in the 1970’s.
G.~~~~~~Channel position change notice from Adelphia, WFVX Fox 22 and WB change channel positions
Town Manager MacDonald gave an update on negotiations with Adelphia on the franchise renewal. The franchise agreement negotiations are 95% complete. Density requirements were discussed. The Town’s attorney has recommended that the Town does not approve that agreement unless it has a cable ordinance that giving authority to regulate the franchisee. The cable ordinance is probably 50% complete. Progress is being made but not as fast as anyone wants. Responding to George Peckham, he said Sound Drive would meet the density requirements.
IV. Selectmen Reports
Selectman Smith commended a recent letter from three Selectmen in the Bar Harbor Times about the school funding formula. He saw the letter as it was going to press, thought it was perfect and tried to reach the editor so that he could sign it also. He was unable to do so in time. Chairman Savage said he has had a lot of positive citizen comment about it.
Selectman Coombs said he went to a recent Island Housing Trust presentation on work force housing and thought it would be beneficial to the Board if Sam Coplon would present the same material at a Selectmen’s meeting.
Selectman Smith asked for clarification about a Deer Management Committee straw poll that he found in a local store. Selectman Smallidge said the committee put out the survey before getting funding from the Town and paid for it themselves.
V. Old Business
A.~~~~~~Approve and sign Amended Restrictive Covenants for Schoolhouse Ledge.
David MacDonald said MCHT was not a party to the agreement but was asked to help draft it and to facilitate discussions. The section on public access was written to allow for common sense and interpretation in the future. It is hard to say what type of activity is destructive. That depends on the user. The attorney’s recommendation is not to make a list of activities which may become outdated in the future. Responding to Chairman Savage, he said the agreement applied to the non-building areas of the property. The changes do not apply to area 3.
MOTION: Selectman Smith moved to approve the above covenants, seconded by Selectman Branch. The vote was 4 to 0 to 1. Selectmen Branch, Coombs, Smallidge and Smith voted for the motion. Chairman Savage was not in the room at the time of the vote. The motion carried.
B.~~~~~~Review Marine Management Committee recommendations on commercial dock regulations, set public hearing date, suggest March 20, 2006.
MOTION: Selectman Coombs moved to set the public hearing for March 20, seconded by Selectman Smith. The vote was 4 to 0 to 0. Selectmen Branch, Coombs, Smallidge and Smith voted for the motion. Chairman Savage abstained. The motion carried.
Andrew Keblinsky recounted the problems he was having getting approval for his sailboat to operate from the marina. He had heard there was space available on the docks, understood he was next in line on the waiting list and waited for the moratorium to expire. He understood that MMC wanted Selectmen to decide if open spaces should be awarded from a waiting list or a lottery. Harbor Master Murphy said he had told Mr. Keblinsky he should not be overly concerned because there was space at the time. No regulations were in place then. He did not know what to recommend now. The problem was complicated by the fact that another boat operator had decided to keep his spot.
Selectman Coombs said the Town should honor its commitment to Mr. Keblinsky. Selectman Smith agreed saying he got caught up in something no one anticipated. This should be the one and only exception. A commitment was made and then the rules of the game were changed.
Wes Shaw said the lottery made him nervous. He felt some unfairness could come from it. He waited for years for his mooring. A lottery could give the space to someone who had not been waiting for years. Harbor Master Murphy thought the lottery was the fairest way possible for filling openings. With a wait list, what happens when ownership of a business is transferred to someone else, he asked. The person on the wait list doesn’t have a chance. Passenger and parking limits would also be pertinent. He and Mr. Keblinsky discussed how the lottery decisions would be made. Town Manager MacDonald confirmed Selectman Smallidge’s understanding that the Board could not take any action that night because of the moratorium. He did suggest that they do go into the
public hearing with a position regarding a lottery. Selectman Smallidge advised Mr. Keblinsky to go to the public hearing. Mr. Keblinsky said he was not asking the Board to make an exception for him; he was asking them to not put in a lottery.
C.~~~~~~Notice from MDI HS school committee of high school funding advisory committee meeting, 7:00 PM, March 8, 2006 at MDI HS library.
Chairman Savage asked Town Manager MacDonald to send the Board an email to remind them of the meeting. He said it was important to be there. Responding to Mr. Peckham, Town Manager MacDonald said Gail Marshall sent the invitation to all four towns.
D.~~~~~~Approve release of $125,502.00 from reserve account #2829 (Fire Equipment Reserve Fund), to Smeal Fire apparatus Co. for partial payment of Rescue/Pumper.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Approve Addendum Number Three to agreement by and between E.M.R., Inc. and the Town of Mount Desert and authorize Town Manager to sign same.
Town Manager MacDonald recommended approval with the caveat that the Town gets a good definition of “authorized individuals” who deliver universal wastes.
MOTION: Selectman Smallidge moved to approve the above addendum with the caveat recommended by Town Manager MacDonald, seconded by Selectman Coombs. The vote was 4 to 0 to 1. Selectmen Branch, Coombs, Savage and Smallidge voted for the motion. Selectman Smith was out of the room at the time of the vote.
F. Review and approve “Revocable License Agreement” for use of fire pond on Cooksey Dr.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
VI. New Business
A.~~~~~~Approve liquor license for Acadia Corporation d/b/a Jordan Pond House.
MOTION: Selectman Coombs moved to approve the above renewal, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve vernal pool inventory/inspection notice to property owners, as recommended by Planning Board.
Jim Clunan said the above census of ecologically important backyard puddles would be done by scientists during the spring when the pools are evident. If the State passes legislation requiring the survey of the pools, inspections could be beneficial to someone who wants to develop property. The Planning Board was given several briefings last summer.
Chairman Savage had reservations. His web searches have shown him that the vernal pool idea has been driven by a narrow special interest group with the enthusiasm of botanists and biologists. No one in the State is promoting the work The law is not close to being passed. If it were passed, there could be ramifications for protection zones – up to 200’ for a pool. An abutter could also be affected. He was also concerned about the enthusiasm of volunteer researchers and pool identifiers. He opposed the survey.
Selectman Smallidge was not satisfied with the reaction to his questions by the person who gave a presentation last summer. He had asked if the State would reimburse the individual property owner who could lose the ability to use his property and a significant part of its value.
Mr. Clunan asked if the Planning Board should have a public workshop on the subject. Mr. Tracy encouraged a go slow approach to see how the issue goes in Augusta. He thought a workshop would be premature. The definition of vernal pools was discussed.
Mr. Clunan said he was hearing that Selectmen wanted to wait to see what legislators do.
MOTION: Selectman Smallidge moved to approve the above inventory, seconded by Selectman Coombs. The vote was 0 to 5. The motion did not pass.
VII. General Issues
A.~~~~~~Discuss reappointment and initial appointment of volunteer boards and committees to take place second meeting in March (3-20-06)
Town Manager MacDonald said one change was requested by the Planning Board in anticipation of a vacancy coming up on April 1. That board recommended that Jerry Miller be added to the appointment list.
MOTION: Selectman Smith moved to approve Jerry Miller as a member of the Planning Board, seconded by Selectman Coombs. The vote was unanimous in favor.
Mr. Tracy thought there should be some residency requirement for the Planning Board. Selectman Coombs agreed with the theory but not the 4 years that Mr. Tracy suggested. Selectman Smallidge thought the current process was suitable. Chairman Savage thought it would be sufficient for the Planning Board to review applicants. Mr. Clunan suggested that the Planning Board draft an amendment for Selectmen’s approval of its rules of procedure regarding recommendations for appointments to its board.
Town Manager MacDonald noted that the Building Code Committee has not met for two years and wondered if it should be kept active. The matter was discussed. Chairman Savage asked for a recommendation from the Planning Board.
Town Manager MacDonald said it would be important to fill vacancies on the Board of Assessment Review and the Zoning Board of Appeals.
Mr. Tracy discussed mooring problems with Harbor Master Murphy.
VII. Other Business
A.~~~~~~NIM/ICS training Wednesday, February 22, 2006, possible majority of BOS members may be present at training
Selectman Smallidge and Selectman Branch agreed to attend the above.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant #11 for $465,462.37.
Signed as presented.
X Executive Session
None requested
At 8:14 PM, Selectman Smith moved to adjourn the meeting, seconded by Selectman Branch. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith, Secretary
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