Board of Selectmen Meeting, March 13, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 13, 2006
A meeting of the Board of Selectmen was held this date in the Community Room, Somesville Fire Station, 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, Assessor John Brushwein, Harbor Master Shawn Murphy, Finance Director Brent Hamor, 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 5:30 p.m. when he closed the regular meeting and took Selectmen into Executive Session
II.~~~~~Executive Session~~~~~~Pursuant to 1 MRSA §405.6.D, pre negotiation discussion with labor consultant Michael Wing. ~Negotiations to be scheduled with Teamsters Local 340, representing Town Office clerical staff and Public Safety Dispatchers.
At 6:20 pm, Selectmen came out of executive session
At 6:30 pm, Chairman Savage resumed the regular session.
III. Minutes
A. Approval of minutes of Regular Meeting of February 21, 2006 and organizational meeting of March 7, 2006.
Selectman Coombs said on page 3 line 8 sailboat should be power boat.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of February 21, 2006 as corrected and the organizational meeting of March 7, 2006 as presented, seconded by Selectman Smith. The vote was unanimous in favor.
IV.~~~~~Appointments and Communications
A.~~~~~~Accept with regret resignation of Mary E. “Lisa” Renault from Planning Board, effective February 27, 2006. No action required
B.~~~~~~Accept with regret resignation of Police Patrol Officer Mark Keller, effective March 8, 2006. No action required.
C.~~~~~~Approve appointment of Julianna Reddish-Smith to Board of Assessment Review.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was 4 to 0 to 1. Selectmen Branch, Coombs, Savage and Smallidge voted in favor of the motion. Selectman Smith abstained. The motion carried.
D.~~~~~~Approve appointment of Celeste Law to Zoning Board of Appeals.
MOTION: Selectman Smallidge moved to approve the above. No one seconded the motion. The motion died for lack of a second.
E.~~~~~~Acknowledge receipt of monthly financial reports, Trial Balance, Revenue Control Report, and Appropriation Control Report. No action required.
F.~~~~~~Acknowledge receipt of board and committee meeting minutes: ~Comprehensive Plan Committee February 15, 2006; Marine Management Committee February 14, 2006; Traffic Committee February 16, 2006; Acadia Disposal District December 8, 2005, January 19, 2006; Planning Board January 9, 2006 and February 13, 2006. No action required.
G.~~~~~~Acknowledge receipt of Department Reports, Code Enforcement, Police, Fire, Administration no action required
H.~~~~~~Notice of American Diabetes Association “Tour de Cure” cycling event to be held Sunday, May 21, 2006. No action required.
V.~~~~~~Selectmen’s Reports
1. Selectman Smith asked if there had been any follow up on the problem of over use of Pond’s End by large groups. At least twice last summer he observed the Ellsworth Y Day Camp busing in 35 to 60 kids. Other people had complained about other large groups and were concerned about safety issues.
Anne Funderbunk wondered if there was any correlation between the dates of the closing of Seal Harbor beach and large numbers of children at Pond’s End. Chairman Savage said if there was, it would not take away from the fact that Pond’s End is being overused. He suggested that a letter of consideration be sent to organizations about the detrimental impact of overuse.
Ted Bromage suggested requiring large groups to get special permission for use of the area.
2. Chairman Savage reported on the recent meeting with most of the other island towns on the school funding formula. His impression was of an open reception to some kind of change and the feeling on the part of other town representatives that the formula was not fair to this Town. He was very encouraged. The next scheduled meeting will be on April 6. Selectman Smallidge said this is the most important current issue for this Town.
6:45 pm Public Hearing: Various Ordinances, if not re-authorized, will expire in 2011.
At 6:45 pm, Chairman Savage opened the public hearing for the above.
Town Manager MacDonald reviewed what he termed the “easy” ordinances. If they are to be reactivated, they will have to be approved at the March 2007 annual town meeting.
#2-Codification Authorization Ordinance He recommended reactivating this ordinance.
#8-Recall Ordinance He recommended repealing and revoking this ordinance because it predated a 1997 Town Charter revision which says the same thing. Repealing and revoking it would provide a legislative history of what happened to it.
# 10-Transfer of property owned by Town He said this one would probably have to be reviewed by the Town’s attorney.
#12 Warrant and Closing of Town Books He said this is probably covered in the charter and should be repealed and revoked.
The next three items, he said, are Selectmen’s ordinances which are authorized by Maine statutes and can be reapproved by Selectmen themselves. They do not need to be on the 2007 Warrant.
#19-Prohibiting Sleeping/Camping on Town Land Ordinance Anne Funderbunk suggested that this stipulate overnight in case some falls asleep on the beach during the day. Chairman Savage agreed the language could be changed. Police Chief Willis said these ordinances are helpful and that it would be helpful to have fresh dates on them.
#22-Prohibiting Swimming at Upper Hadlock, Lower Hadlock and Jordan Ponds Ordinance
#23-Limiting Motor Vehicle Access to Great Ponds Ordinance. The type of vehicle was questioned. Town Manager MacDonald said 4-wheelers and snow sleds don’t qualify as prohibited vehicles. Selectman Branch wondered if the $50 penalty was enough. Police Chief Willis said that is the threshold for town ordinances. It gives officers backup when telling people they can’t do something. The ticket for the $50 fine says it is for a violation of a town ordinance.
Chairman Savage said these should be kept on the front burner. Town Manager MacDonald will ask the Town attorney to look at them.
Wes Shaw was concerned about Long Pond’s water level which is lower now than it has been in the last 30 years. He was aware that the dam master had been instructed to lower the level last fall. Public Works Director Smith said the gates have been in and out all winter. He was sure the dam master is on top of the matter. Gerard Haraden thought there is nothing to worry about yet. He expected spring rains will quickly bring up the water level.
At 7:05 pm, Chairman closed the public hearing and returned to the regular session.
VI.~~~~~Old Business
A.~~~~~~NEH Marina commercial float regulations, Marine Management Committee recommendations on policy issues raised by Attorney Duddy.
Town Manager MacDonald said Selectmen needed to definitively say whether the replacement policy should be by waiting list or by lottery. He suggested they vote on the issue so that the draft regulations could be amended for the public hearing next week. The moratorium which expires on April 2 cannot be renewed for a second time.
Chairman Savage recused himself from voting.
Harbor Master Murphy said nothing is currently in place. The lottery is fair to everyone. What fits is looked at. He explained some of problems with a wait list.
Selectman Smith thought the lottery would be the fairest and most efficient way to address the issue. Selectman Coombs agreed. Selectman Smallidge said he could back the lottery.
MOTION: Selectman Smallidge moved to send the above draft regulations, with lottery specified, to a public hearing, seconded by Selectman Coombs. The vote was 4 to 0 to 0. The vote was unanimous in favor.
B.~~~~~~Discussion of Sewer User Fees and direction to Town Staff.
Chairman Savage said residents had debated bond funding for Summit Road sewers and that the item had passed by 7 votes at Town Meeting.
Selectmen and residents debated the issue for nearly one and one-half hours at this meeting.
Selectman Smith said he would ask the Board to vote to enact a sewer user fee for operation and maintenance only. He could not ignore the minority that was not being properly serviced and the implications to the Town in terms of burdensome taxes. He had supported the Rural Waste Water Committee’s decision as a stop gap measure but the time for that was over.
Selectman Smallidge said the timing was the biggest problem and that he still did not support a sewer user fee. Other issues on the front burner are far more important. He spoke of completion of the Comprehensive Plan, fiscal year changes, the high school formula and the fact that this is an election year which would provide a chance to raise the issue of county funding. These issues would benefit all residents, not just one group at the expense of another. The revaluation will complicate the process. He wanted to table the issue.
Selectman Coombs was not sure that he would vote that night to require Selectmen to institute a sewer user fee but, he said, the Town should have had one since 1973. As a sewer user, he thought he should have to pay for the service.
Selectman Branch was hesitant to negate what the Rural Waste Water Cost study just enacted a couple of years ago. It should be given a fair shake. The issue should be addressed but this was not the time, especially with the recently started dialogue about high school funding.
Chairman Savage said he has been a sewer user fee advocate from the very beginning. Since the sewer system was put in, the population has shifted to other areas and requirements have become more stringent. Originally, if the Town had wanted to be fair, everybody who built a private system should have been able to send the bill to the Town office. The Rural Waste Water Committee’s recommendation was a stopgap measure. The easy way out would be to say this is not the right time because too many issues are on Selectmen’s plate, but he was not sure there ever is a right time. He thought Selectmen should take a stand that night.
Public Works Director Smith thought that, if there were to be a sewer user fee, the most equitable way to settle and expedite things would be to purchase water meters.
Jim Robinson thought the RWWC solution was an interim rather than a stop gap solution. He said metering does not work. Some people live here all year and some live here for only a few weeks to three months. The sewer system had to be sized to meet the entire summer community. The demographics of the Town have changed and the evaluations will change. Any plans made now involving evaluations will have to be redone when the revaluation goes through. Meters can’t be left on houses that are not heated during the winter. The RWWC had considered metering and ruled it out. He reviewed that committee’s process. He was not against sewer user fees but he was against a fee that would be detrimental to the year round life of the Town’s villages. The villages
are dying but the process could be put off as long as possible. We certainly do not want to be contributing to the death of the communities by increasing the tax load on the year-round residents, he said. The year round residents are the backbone of the community. When they’re gone, the community is gone too.
Mrs. Funderbunk agreed with everything that Mr. Robinson said. She thought the interim solution should be given a little longer to work. She wanted to wait to see the results of revaluation before junking the support program over something else. She thought the idea of funding the entire operating costs of the three plants solely out of the user fee is a little unrealistic in terms of the income of the average year-round resident.
George Peckham thought State legislators would be willing to give serious consideration to a bill for sewer user fees if the Town would go to them with a plan.
Jim Bright went to Augusta with Mr. Peckham last year and said he came away with the distinct impression that legislators would consider and possibly accept a plan based on valuations and tailored specifically to this Town.
Chairman Savage noted that the sewer facilities were built to accommodate the huge needs of the summer community. That’s where the cost arises, he said.
Mr. Bright thought a formula would be pretty simple to work up. If a request for a change came from Selectmen, he thought legislators would agree to it.
Mr. Haraden said the discussion had gotten ahead of itself. The proposal was to make a decision tonight to go ahead with a plan for a sewer user fee.
Assessor Brushwein said any fee should be something that is fixed.
Bob Smallidge said the RWWC could not see how to use meters and have summer residents pay their just share because of the size the system has to be. He said rural residents have problems paying to live in the Town too.
Mr. Bright said the Water Committee did not want meters. He encouraged valuation partly because of the expense of meters.
Mr. Robinson said one legislator suggested that the Town might need a sewer district.
Mrs. Funderbunk wondered if the Selectmen might ask for another committee to research what had been suggested that evening based on valuation. The RWWC had not fully explored the possibility because it was convinced at the time that it was illegal. It would however need to know what the State requirements are and if it could count on Augusta to help craft a proposal.
Selectman Smith said his intent was not to determine that night the form that a fee might take. His question was whether or not the Board was willing to pursue enacting a sewer user fee.
MOTION: Selectman Smith moved that this Board in particular begin the process of enacting a sewer user fee, seconded by Selectman Smallidge. The vote was 3 to 2. Selectmen Coombs, Savage and Smith voted in favor of the motion; Selectmen Branch and Smallidge voted against it. The motion carried.
C.~~~~~~Discussion of fiscal year change and direction to Town Staff.
Chairman Savage said the change would be voted on in the March 2007 Town Meeting.
Mr. Bromage thought more people would attend a town meeting at a later time of year.
Responding for Chairman Savage’s request for staff input, Finance Director Hamor said one of the big advantages of the change would mean the Town would not have to borrow money.
Assessor Brushwein would want to hear pros and cons from the tax collector. The change might make his life as tax assessor a little easier.
Town Manager MacDonald said Kim Parady has indicated there would be difficulties because of the need to bill twice a year, complicated by the fact that the Town would be completing its budget process in May and June, the busiest time of the year. He thought it would probably be better for the Town as a whole. For individual departments, it might be more of a burden. Discussion followed about whether or not there should be two billings per year after the first year when they would be necessary to handle the change.
MOTION: Selectman Smith moved to make preparations to change the fiscal year as scheduled in a package given to Selectmen that night, seconded by Selectman Coombs. The vote was unanimous in favor.
VII.~~~~New Business
A.~~~~~~Approve Austin Acadia Connection BYOB liquor license at Neighborhood House April 8 2006.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve Liquor License for 151 Main Street Inc., d/b/a/ House of M.
MOTION: Selectman Smith moved to approve the above renewal, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Approve release of $2,462.40 from reserve account R-2840 to purchase 96 pieces of galvanized 3/8” corner hinge plate from Custom Float Services.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Approve amended staffing and work schedule for Teamster’s Wastewater Treatment Plant Employees.
Town Manager MacDonald explained the reason for the above. After discussion, Public Works Director Smith assured Selectman Coombs that employees would be paid only for the hours they work at the plant on weekends.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Confirm appointment of Jonathan Merchant as Wastewater Superintendent, effective March 14, 2006 at rate of $798.08 per week increasing to $837.98 per week after successful completion of probationary period.
Public Works Director Smith said this is a cost saving measure for the Town and is being put in place on a one year trial.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
VIII.~~~General Issue
A.~~~~~~Approve addition of lapsing ordinances to 2007 Annual Town Meeting Warrant: Codification Authorization Ordinance, Recall Ordinance; Prohibiting Sleeping/Camping on Town Land Ordinance; Prohibiting Swimming at Upper Hadlock, Lower Hadlock and Jordan Ponds Ordinance; Limiting Motor Vehicle Access to Great Ponds Ordinance.
Chairman Savage tabled this item to the next meeting.
IX.~~~~~Other Business
None
X.~~~~~~Treasurer’s Warrants
Approve Treasurer’s Warrant #13 for $245,953.21, #14 for $16,938.07
Signed as presented.
XI Executive Session None requested
At 8:45pm, Selectman Coombs moved to adjourn the meeting, seconded by Selectman Branch. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
The next regularly scheduled meeting is Monday, March 20, 2006 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.
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