Board of Selectmen Meeting, March 20, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 20, 2006
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; Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, Recording Secretary Ellen Kappes and members of the public.
Call to order.
In the absence of Chairman Savage who arrived later, Selectman Smallidge called the meeting to order at 6:30 p.m.
Minutes
A. Approve meeting minutes of March 13, 2006
MOTION: Selectman Branch moved to approve the minutes of the Regular Meeting of March 13, 2006 as presented, seconded by Selectman Smith . The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of Alfred "Jerry" Hartson to Deer Management Committee
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve annual employee appointments.
MOTION: Selectman Smith moved to approve the above list as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Approve committee and board appointments.
Town Manager MacDonald said the Ordinance Review Committee has been inactive during the last year. No name was listed for that committee.
Selectman Smith recused himself from voting for members of Board of Assessment Review.
MOTION: Selectman Coombs moved to appoint Julianna Reddish-Smith to the Board of Assessment Review, seconded by Selectman Branch. The vote was unanimous in favor.
MOTION: Selectman Smith moved to approve the committees as listed with the exception of the Board of Assessment Review, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Department reports, Public Works no action required.
E.~~~~~~CES report on Seal Harbor Fire Station.
Selectman Smith and Selectman Smallidge were not surprised by the report. Selectman Smith saw no compelling reason to consider that building for anything other than its current use now.
Town Manager MacDonald summarized the report, saying the above is one building dropped off the list for relocating administrative or public safety offices.
IV. Selectmen Reports
None
V. Old Business
A.~~~~~~Approve NEH Commercial Dock Regulations
Selectman Smallidge decided to wait until after the public hearing to take up this item.
B.~~~~~~Approve release of $6,117.29 from reserve account R-2840 to purchase pressure treated decking and dimension lumber to complete the float project.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
C.~~~~~~Provide direction on Town participation in Healthy Beaches program
MOTION: Selectman Branch moved not to continue. Selectman Smith wished Public Works Director Smith was at the meeting because this was in his area of expertise. Town Manager MacDonald said as the health officer, he would like to know when the water quality is not acceptable so that they can warn the public. He said Public Works Director Smith was pursuing the idea of getting assistance from a graduate student from University of Maine. He said Healthy Beaches would probably sample the water anyway. Selectman Coombs thought the Board could wait until Public Works Director Smith would be present at a meeting.
MOTION: Selectman Coombs moved to table the above item until the next meeting, seconded by Selectman Branch. The vote was unanimous in favor.
VI. New Business
A.~~~~~~Approve liquor license for WinterSpring Inc. d/b/a Colonel’s Restaurant, 143 Main Street, Northeast Harbor.
Selectman Branch recused herself from voting.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was 3 to 0 to 0. Selectmen Coombs, Smallidge and Smith voted in favor of the motion. Selectman Branch did not vote. The motion carried.
B.~~~~~~Set public hearing date for Barbara O’Brien d/b/a Redbird Provisions, 11 Sea Street, Northeast Harbor. Suggest April 3, 2006, at 6:35 PM in NEH.
Town Manager MacDonald will put the above item on the agenda.
At 6:45 pm, Selectman Smallidge recessed the regular meeting and opened the public hearing.
Public Hearing 6:45 P.M.:~~~~~~~Northeast Harbor Commercial Dock Regulations.
Selectman Smallidge insisted that comments be about the regulations only.
Wes Shaw said in some places the document referred to the Harbor Committee and in others to the Marine Management Committee. He thought one or the other name should be used to avoid confusion. Town Manager MacDonald will see to it that only Marine Management Committee is used.
Mr. Shaw had thought that a business was sold, the mooring would go with the business. He and Harbor Master Murphy discussed direct replacement. Harbor Master Murphy said the Town is in limbo at the moment because the ordinance does not say what the State says. He has asked the Army Corps of Engineers for an answer which he can present to Selectmen for an amendment to the ordinance. He said he will not be transferring moorings until he gets that answer. Andrew Keblinsky and Ted Bromage talked about using a lottery for moorings.
Town Manager MacDonald confirmed with Harbor Master Murphy that, because this is a federal navigation harbor, he has to use a waiting list and not another system. When the harbor is declared full, the harbor master must maintain a waiting list for everyone. Selectman Smith asked if the feds or the state should be approached about approval for a change. Town Manager MacDonald said he would be talking to the attorneys on Wednesday. Harbor Master Murphy said withdrawing from the federal management program has been in the works since 2002.
At 7:03 pm, Selectman Smallidge closed the public hearing and returned to the regular session.
MOTION: Selectman Coombs moved to approve all the dock regulations, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Audit discussion with James W. Wadman, CPA.
James Wadman said the Town has a clean audit opinion. Last year it was adverse. He reviewed and explained the audit, the management and analysis. The Town’s net assets (the assets minus liability) equal a little over $18 million, a major change over what has been seen in the past. Major parts of that are the fixed assets. A big part of the equity is now being brought in to show not just the Town’s current assets and liabilities but basically the whole ball of wax. The unrestricted net assets are $6,042,472. The undesignated fund balance is always based on use of the credit reserve account as maintaining that $100,000 but if you add to it that credit reserve then that puts the Town at about $1.9 million which is about 17% of the operating budget. Selectman Smallidge
said the fact that the books are now in compliance with requirements speaks well of the office staff.
By this time, Selectman Savage and Public Works Director Smith had arrived and Selectman Smallidge returned the agenda to Item C. under Old Business:
Healthy Beaches program.
Public Works Director Smith said the Town should stay in the program. Alsohe had found a college student to help and expected to meet with him soon.
Selectman Savage said he had read in a weekend paper an article on an analysis of ecoli bacteria. It said there is a big discrepancy about the detrimental analysis. Animal feces have very little adverse effect to human beings. It is the human feces that have an adverse effect on humans. The Town was getting a lot of high readings that were alarmist last summer. He thought the Town overreacted when it closed down the beach and possibly the readings didn’t warrant it.
Public Works Director Smith said the Town did not overreact; it was in conformance with protocols. He said they could not compare testing for ecoli with testing for enterococcus bacteria. He wanted to come to another meeting with an outline for a plan for interpreting data.
Selectman Savage said he wanted more background before shutting down the beach.
Town Manager MacDonald said the Town needed to follow the protocols if they wanted to be part of Healthy Beaches.
Public Works Director Smith wanted to use an intern for a more thorough study of the harbor and possibly to find the source of the contamination. Funding for the intern probably depends on the Town’s participation in Healthy Beaches. Selectman Smallidge thought the Board might need to table the issue until it determined the availability of the intern.
A discussion followed about closing the beach. Public Works Director Smith described a scenario in which testing were done, high counts were determined, the Town chose not to shut down the beach, someone’s child got a gastrointestinal illness and the parents found out what had happened. The Town could wind up in court, he warned. Town Manager MacDonald said the Town does not have the authority to prohibit use of beaches. He preferred to be in the program and to protect the public’s health. Public Works Director Smith said the Town could do the testing. Selectman Savage noted that if no testing were done, the Town would not be liable.
Selectman Smallidge was reluctant to participate in the program. He thought the limits set by the EPA themselves tended to be based on excessive caution.
Selectman Smith was hoping the intern could determine the source of the problem. He was not happy with the way findings last summer changed on a daily basis. He was willing to go ahead with the program if the day to day determinations could be refined to make more sense. Selectman Coombs said he would go along with it also. Selectman Savage said today’s politically correct attitude results in an attempt to overprotect everyone. He would be more comfortable with a sign saying swim at your own risk for all hazards at all times.
MOTION: Selectman Savage moved to continue the Healthy Beaches program, seconded by Selectman Branch. The vote was 2 to 3. Selectmen Coombs and Smith voted for the motion; Selectmen Branch, Savage and Smallidge voted against it. The motion failed.
Public Works Director Smith said he now has an expensive piece of equipment that could be added to the sale of surplus equipment. Selectman Smallidge advised him to keep it just in case it will be needed.
D.~~~~~~Approve sale of surplus equipment
MOTION: Selectman Branch moved to approve the above sale, seconded by Selectman Coombs. The vote was unanimous in favor.
Ted Bromage urged the rest of the Board to do some reading about water pollution. Chairman Savage thought the article he saw might have been in the Bangor Daily News. He said he was trying to use a common sense approach.
VII. General Issues
None
VII. Other Business
Sewer User Fee Selectman Savage said there have been some interesting ideas for formulating a sewer user fee. He thought the idea of basing the fee on property assessment made sense because it may be the truest reflection of values in the Town. He wanted some kind of concept from the rest of the board about how to go forward. He wanted, with the Board’s approval, to research data based on tax assessment instead of fixtures or bedrooms.
Selectman Branch was hesitant to get involved with property tax. It has gotten this Town in hot water with the high school funding formula and the county tax, she said. If there is going to be a fee, the only fair and equitable way is metering which is cost prohibitive. Because we live in such a highly inflated beautiful place, we have to be realistic. Answering her, Selectman Savage suggested that the Board meet with Assessor Brushwein with the hope of keeping the assessments for everybody as close to 100% valuation as possible. The problems arise when there is a disparity of percentages between neighbors.
Selectman Smallidge said the current funding is based on property valuations. He thought a funding formula based on them would be useless in about one year. Selectman Savage said he was not suggesting using the current numbers.
Selectman Smallidge said a very viable Board agenda item would be the methodology of implementation, i.e. if the Town gets to vote on the issue or if the Board decides. Selectman Savage did not think the Board was at that point yet. That decision should not affect the idea of looking into various formulas. He said approaching funding from an assessment point of view recognizes that the Town has built expansive sewer systems to accommodate summer users. Selectman Smallidge thought Selectman Savage had picked the wrong time and should wait until the new valuation figures are available for the assessment method. He also thought people would be reluctant to serve on another sewer committee after only three years.
Selectman Branch was not opposed to looking into the information. She thought the more data the Board has, it will either be a workable usable system or it won’t be but without looking, they would not know. She also wanted to know if it would be advantageous for the Town to form a sewer district. She wanted the process to be done thoroughly.
Selectman Savage said George Peckham had submitted a concept that would take some work. He did not think that work should be done by Town Manager MacDonald without Board approval. The Board had been charged with looking into as many different ways as possible to get the information, he said.
Selectman Smith said the time to start doing this is now. Selectman Savage said it is the one methodology that has not been pursued.
Mr. Bromage said meters would be onerous to limited number of families living here year-round. That was where the study committee discovered the expense was. Selectman Branch said when the Water District studied meters, the cost was $1.2 or $1.5 million just for Northeast Harbor and Seal Harbor. She detailed the expenses of buying, installing and maintaining them but thought they should be researched. She thought maybe the committee should be formed again. Selectman Savage thought it was the Selectmen who should be doing the research even if it took two years.
MOTION: Selectman Savage moved to ask Town Manager MacDonald to plug in some numbers, do some research and pass the information back to the Board, seconded by Selectman Smith.
Town Manager MacDonald suggested asking lawyers what the Town would have to do to make this method successful. Selectman Smith said that was a good point but he wanted a general idea of what the plan would look like in terms of figures to see if it was something they wanted to pursue. Selectman Savage agreed with waiting to test the legality of Mr. Peckham’s formula.
Selectman Savage recommended that Assessor Brushwein come before the Board to talk about the Town’s assessment and how it could maintain close to 100% assessment. Board members talked about different valuation percentages. Town Manager MacDonald reminded the Board that any information he puts together now will be based on current valuations. The data from Vision should be available sometime this summer. Discussions about current high real estate prices followed. Selectman Branch suggested that Town Manager MacDonald use just the properties that have recently been sold in his study.
The Board voted on the above motion to pursue researching data now. The vote was 4 to 1. Selectmen Branch, Coombs, Savage and Smith voted in favor; Selectman Smallidge voted against it. The motion carried.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant #20 for $155,621.2.
Signed as presented.
X Executive Session
None requested
Adjournment. ~At 8:29 PM Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
The next regularly scheduled meeting is Monday, April 3, 2006 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.
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