Board of Selectmen Meeting, April 6, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 3, 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; Police Chief James Willis, Assessor John Brushwein, Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, 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 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of March 20, 2006.
Selectman Smallidge said line 1 on page 6 should be corrected to read was not opposed.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of March 20, 2006 as corrected, seconded by Selectman Coombs. The vote was unanimous in favor.
Public Hearing; ~6:35PM, Liquor License Application, Barbara O’Brien d/b/a Redbird Provisions, 11 Sea Street, Northeast Harbor.
At 6:35 pm, Chairman Savage opened the above public hearing.
At 6:36 pm, Chairman Savage closed the above public hearing.
III. Appointments and Communications
A.~~~~~~Confirm appointment of Loren Jason Clarke as Police Patrol Officer at hourly rate of $16.25, increasing to $17.06 after successful completion of six-month (6) probationary period. ~Appointment to be effective April 4, 2006.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Accept with regret resignation of Asst. Mechanic Gerald Frost, effective April 13, 2006.
Selectman Coombs said this is a big loss for the Town.
C.~~~~~~Approve appointments to White Tail Deer Management Committee, Investment Committee, Republican and Democratic Election Clerks.
Selectman Smallidge said he should be listed as a liaison rather than as a member of the White Tail Deer Management Committee.
MOTION: Selectman Smallidge moved to approve the above as amended, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Request from Mount Desert Water District to amend No Swimming in Upper, Lower Hadlock Ponds and Jordan Pond ordinances and to amend Limiting Motor Vehicle Access to Great Ponds.
Town Manager MacDonald said the amendment would increase the fine from $500 to $2,500. Police Chief Willis was going to look into the prospects of actually collecting it. In a discussion with the water district, Town Manager MacDonald said he’d asked who would pay for prosecution if in fact it would be necessary. Police Chief Willis reported the district attorney does not prosecute town ordinances. Realistically the police chief would be asked to prosecute these cases. $2,500 seemed like a tremendous jump to him. He thought it would be questioned and the Town would then need some legal help.
Chairman Savage said obviously the idea is a deterrent to protect the water. Referring to the dog waste issue, he asked who would clean it up. Who would be the poop police at the ponds? To him, there is nothing worse than a law that can’t be enforced. He preferred no law to a bad one.
Regarding the swimming issue, Police Chief Willis said his department had not charged anyone with swimming since he has been here. Selectman Smith asked what police officer in his right mind would assess someone a $2,500 fine for such things.
Chairman Savage said they could readopt the ordinance as it stands or recognize the requests from the Water District and reconsider them at another meeting.
Police Chief Willis saw no problem with the present ordinance. It works, he said. It’s easier to go to court and ask for $500 instead of $2,500. If the fine becomes too large, people would no longer look at it as a civil infraction and would start to feel entitled to jury trials. Chairman Savage said the Board recognized the seriousness of the matter and the need for the law. He thought the Board could expedite the situation and pass the existing ordinance.
Town Manager MacDonald wanted to put the ordinance in a format that could be put on the Town website and provide something more readable for the agenda for another meeting. He told Selectman Smallidge a public hearing would be required if dollar amounts were changed. He said it was not necessary to table the item because it was on the agenda for information only. He will bring it up as an action item in a future agenda.
E.~~~~~~Acknowledge receipt of meeting minutes: Comprehensive Plan Committee, March 22, 2006
Chairman Savage noted the above committee will hold a public hearing on April 12 at 5:30pm in the meeting room to discuss the Comprehensive Plan.
F.~~~~~~Acknowledge receipt of notice from Bangor Hydro Electric of application to ME DOT for buried cable location permit for Ho Subdivision. No action required.
G.~~~~~~Acadia Disposal District preliminary cost estimates for solid waste facility.
Public Works Director Smith reviewed the above for purchasing a facility. He said a lease would provide the ideal situation. One year and three months are left on the current solid waste contract with EMS. A contract extension may be needed. He said CES will be looking at a number of options.
IV. Selectmen Reports
1. Selectman Smallidge said the Deer Management Committee will have an information session on April 25 at 6:00pm the Somesville Fire Station.
2. Selectman Smallidge asked about the impact of proposed water regulations. Town Manager MacDonald said Rep. Koffman told him that various groups are working together to minimize the impact on water districts and public water suppliers. Selectman Smallidge wondered if they would be willing to fund costs.
V. Old Business
A.~~~~~~Approve release of funds from Credit Reserve Account R2660 to purchase pick-up truck for Harbors. ~Recommended amount $23,966.00, Dave Gould Ford.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was 4 to 1. Selectmen Coombs, Savage, Smallidge and Smith voted for the motion; Selectman Branch voted against it. The motion carried.
B.~~~~~~Vision Technologies revaluation project status report.
Assessor Brushwein said the data collection is on schedule. Responding to Chairman Savage, he said the 2007 tax bills will reflect the new evaluations. Those figures will be available as soon as the informal hearings are completed. He gave a general idea about new evaluations. If one’s current valuations are below the average ratio, taxes will increase. If they are above the ratio, taxes will decrease. Responding to Gerard Haradin, he thought the whole picture will probably be available on line at the end of July. Responding to George Peckham, he said the Town’s numbers in the high school budget should be 100% the same as of April 1, 2006. Maintaining 100% valuations on an annual basis are not realistic in a town like this one in which there are so many neighborhood
delineations. It may not be possible to make adjustments every year. It will depend on whether or not there are enough sales in a given year.
Assessor Brushwein said the new numbers would be a lot higher than they are now. Responding to Mr. Peckham, he said redistribution would not be across the board or as substantial as it was the last time. Shorefront in 1991 was low and saw major increases then. Houses in town have sold for considerably more than they did then. Non-residents are now paying phenomenally more to live on minimal lots.
C.~~~~~~Review CES Redevelopment Feasibility Study of Old Fire Station Building.
Carl Kelley took exception to a number of items in the study. The study indicates that the heating system is functioning but in fact has not been turned on for years. Some if the indicated radiators are not there. Three doors in the front are metal, not wood. Windows are not correctly described. They did not show that the downstairs windows cannot be opened. Their ropes have rotted. The drawings for the upstairs put the walls in the wrong places. Willy Granston said they missed a bathroom upstairs. Selectman Smallidge noted the elevations were labeled incorrectly. Selectman Coombs said the building was not expanded in the 1970’s.
Responding to Chairman Savage, Public Works Director Smith said the bill for the study has been paid.
Selectman Smallidge thought the building should be left as it is. He saw no need for expanding the municipal office space when there is a dwindling number of people in the Town.
Responding to Police Chief Willis, Town Manager MacDonald said CES was directed to focus on moving the Police Department.
Selectman Coombs questioned whether or not the museum can take care of the building. He thought the Town should either use the building or get some money out of it.
Responding to Michael Philips, Town Manager MacDonald explained that Selectmen rejected an option to renovate the current municipal building because of the projected cost to do so.
Chairman Savage thought the $700,000 estimate to renovate the old fire station was really low but he said he did not think Selectmen would make a decision that night.
Town Manager MacDonald asked if the Board intended to propose a long term lease or a sale to the Museum at the 2007 Town Meeting. The Museum will have to be on that Warrant anyway since its current lease will run out then.
Responding to Mr. Granston, Public Works Director Smith said this was a feasibility study, not a final design. It was meant to show what is there. He said a lot of time and money has been spent looking at space needs. The space needs have been identified. He did not want that need to be shelved indefinitely. Selectman Smith was not in favor of rushing into anything. He agreed that there is a perceived need for more space and that they could not stop looking for it.
VI. New Business
A.~~~~~~Approve Liquor License for Barbara O’Brien d/b/a Redbird Provisions.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve Liquor License for AstiKim Corp. d/b/a Asticou Inn.
MOTION: Selectman Smallidge moved to approve the above renewal, seconded by Selectman Coombs. The vote was 4 to 1. Selectmen Coombs, Savage, Smallidge and Smith voted in favor of the motion; Selectman Branch voted against it. The motion carried.
C.~~~~~~Approve Liquor License for Stanley Enterprises Inc., d/b/a Abel’s Lobster Pound.
Selectman Branch said the application for the above appeared to be incomplete. Line #4 was not answered. Selectmen tabled the above. Town Manager MacDonald will contact the above.
D.~~~~~~Approve Application of Payments to Unpaid Taxes Policy.
Town Manager MacDonald said this policy states that any tax receipt received by the Town shall be applied to the oldest outstanding taxes or balances. Finance Director Hamor said it’s been recommended that the above policy be renewed every year.
MOTION: Selectman Coombs moved to approve the above; seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Sign Municipal Warrant for Prosecuting Unlicensed Dog Owners/Keepers
MOTION: Selectman Branch moved to adopt the above, seconded by Selectman Smith. The vote was unanimous in favor.
F.~~~~~~Approve BOS 2006-2007 meeting schedule.
MOTION: Selectman Smith moved to approve the above with July amendments suggested by Town Manager MacDonald, seconded by Selectman Coombs. The vote was unanimous in favor.
G.~~~~~~Approve request from Seal Harbor Library to hold annual summer fair on Seal Harbor village green on Saturday, July 29, 2006.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
H.~~~~~~Approve cooperative agreement with Beal College Law Enforcement Externship program.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
I.~~~~~~Approve release of funds from Town Office Building CIA reserve account R2760. ~Recommend amount $5,800.00 to Central Protection Services for installation of life safety and building protection alarm system.
Town Manager MacDonald said the February alarm system test was not successful. The system was found to be inoperable. The funds to replace it were not in the regular maintenance fund.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
J.~~~~~~Approve release of funds from Credit Reserve Account R2660 to purchase speed trailer for Police Department. ~Recommended amount $10,000 from Decatur Electronics.
Ted Bromage asked if the above could be used on non-public roads such as Woods Road. Chairman Savage said that was a pretty fine line. Town Manager MacDonald recommended against the request, asking once the Town opens that door, where does it stop permitting private use of municipal property.
MOTION: Selectman Coombs moved to approve the above release of funds, seconded by Selectman Smith. The vote was unanimous in favor.
K.~~~~~~Approve Utility Location Permit for installation of 950’ of HDPE from 95 Cooksey Drive to pump station on Rowland Avenue.
Selectman Branch said Rowland Avenue should be identified as Rowland Road.
MOTION: Selectman Smallidge moved to approve the above as amended, seconded by Selectman Branch. The vote was unanimous in favor.
VII. General Issues
A.~~~~~~Review draft comprehensive plan and respond to CPC invitation.
Chairman Savage said it would be an ideal document for a utopian island. He thought some of the things were almost impossible to adopt such as the concept of interconnecting rights of ways across private properties. How do you mandate that, he asked. He said he was not criticizing the work of the committee. They had done a great job. If you put something on paper that is not attainable, doesn’t it kind of diminish the value of the document, he asked. Jerry Suminsby indicated the intent was to provide goals and to give the Planning Board ideas to work towards when reviewing applications. Chairman Savage said that if the word mandate is used, it becomes the obligation of the Town to see that something is done. Mr. Suminsby said first something would have to be enacted as an ordinance by
voters.
Selectman Smallidge thought there were places in the document where the environment seems to take priority over the community, its economics, civic participation and health. He preferred that the environment be the fifth factor down because it tends to restrict some of the other activities. Half of this Town is in permanent conservation, he said. Mr. Suminsby said the plan is based on consensus building. The environment was strongly supported in the results of a survey. It is the number one most significant factor of our economy which is based on tourism. Selectman Smallidge said there is a very big difference with the utilization of a public natural resource to make a living and a purity of the environment. If you pursue it to the detriment of the community, it becomes a burden.
Mr. Bromage said the environment does matter and cited the adverse effect of global warming.
Chairman Savage asked how far out of line the existing ordinances would be if the CPC were adopted today. Mr. Suminsby said a lot of it is in the present comprehensive plan. Hope Rowan said some things will be at odds. There will be a need to review ordinances. Some things need to be brought up to date. Mr. Suminsby said the State requires that the ordinances be brought in line within two years after the plan has been approved. He said some things need to be addressed almost immediately.
Selectman Smallidge suggested a rough list of what would have to be changed would be helpful so that people can understand the document.
Mr. Peckham asked how much of a legal impact the CPC has on a Planning Board decision. Selectman Coombs said it certainly can’t supercede the ordinances. Mr. Suminsby said if you do not have a State approved CPC, the State will not will not force the issue. But if you get challenged in court, the State won’t back you up. You are on your own.
Mr. Suminsby said they will have two years of serious work to get the ordinances modernized so that they will be easier for the Planning Board to manage.
Selectman Smith thought the committee had made a great start. It brings up important issues. He saw no radical changes and thought it was less hostile to small businessmen. He agreed that the environment is our number one economic booster.
Selectman Smallidge noted there will be a quorum of Selectmen at the committee’s April 12 meeting.
B.~~~~~~Assessment process update & discussion with Assessor Brushwein. Item discussed above.
C. Chairman Savage brought up the subject of the Federal Navigation Project and the Town’s attempts to get out of it three years ago. Town Manager MacDonald said he has spoken with Senator Snowe’s Chief of Staff about the matter. It will take some action on the part of the federal government to get the matter moving again. He has also talked to someone in Representative Michaud’s office.
Andy Horner, representing Morris Yachts, asked if a letter from an individual citizen or a business would help the Town get out of the project. He said they would like to be working with the Town rather than dealing with a federal bureaucracy.
Town Manager MacDonald said he could send another letter to the congressional delegates.
D. Chairman Savage referred to a March 31 letter from someone asking for an extension to pay his mooring fee until he catches some lobsters. Town Manager MacDonald said the individual was granted the same extension last year for the $100 fee for two moorings. Harbor Master Murphy wanted a specific date set for the end of the extension. The individual could not attend this night’s meeting because he had a prior commitment. Town Manager MacDonald suggested that he be told that this is the second year an extension has been granted and it will not be granted again.
MOTION: Chairman Savage moved to extend the date to June lst, seconded by Selectman Coombs. The vote was unanimous in favor.
VII. Other Business
B.~~~~~~Sewer fee funding discussion, evaluate Peckham Proposal
Selectman Branch suggested the above be taken before item A.
Town Manager MacDonald said the staff had been asked to put together some facts. They did not do that because it would be very difficult with the valuations as they are. This work can be done once the preliminary numbers area available from the revaluation. Anything put together now will probably be off by 20%, he said. They did not want to put bad numbers out before the public. He hoped to have the numbers by the first of June.
MOTION: Selectman Smallidge moved to table this plan until accurate figures are available and in the meantime would urge the Town Manager to investigate the legality of this proposal and when and where in recent legislature history such a proposal gone through.
Why commit the staff resources to something that may not be able to happen, Selectman Smallidge asked. He was uncomfortable with the way the subject came up at the last meeting because it was not an agenda item and not all the Board had the formula. He did not think the Board made a balanced decision.
Selectman Coombs said the Board did not vote to do any particular formula or proposal; they voted to pursue instituting a sewer user fee. He believed it is completely up to the Board to know about the proposal and then go public with it. He said the Board is not necessarily supporting the Peckham Proposal; they had another proposal to look at that night.
Chairman Savage disagreed with Selectman Smallidge saying the Board is obligated to get as much information as possible. The information will not be available for a couple of months anyway. He asked for a second to the motion to table the plan.
Selectman Branch seconded the motion. Selectman Smallidge said it was to table the Town staff’s research into the Peckham plan until the numbers are viable in terms of the Town’s reevaluation.
Assessor Brushwein said numbers would not be ready until July. He would not want to use them until August.
Selectman Smith asked if tabling the plan makes it inactive forever or if it allows the Board the chance to get accurate figures to plug into the Peckham proposal. Selectman Smallidge said his intention was to table the plan itself which lacks the accurate figures. The Board could reopen the discussion on the topic. Selectman Coombs had no problem with waiting for the figures.
Selectman Smallidge clarified his motion saying it was basically to table the Town staff’s research into the Peckham plan until the accurate revaluation figures become available.
The vote was 1 to 4. Selectman Smallidge voted for the motion; Selectmen Branch, Savage, Smallidge and Smith voted against it. The motion did not carry.
Chairman Savage said the proposal is still on the table. Jim Robinson said the Peckham proposal is so simple and so easy and, if it can be made legal, will cost the Town the least amount of money. The push to find out if it is legal is imperative, he said. Town Manager MacDonald said he has written MMA about it but has not yet received a reply.
A.~~~~~~Discuss Sanitary District proposal from NEH residents.
Speaking for the above residents, Mr. Robinson gave a synopsis of the proposal letter. The solution to the sewer user fee has to come from users of the system. A sanitary district would get the issue out of this room. Both users and non users would be represented on it. It could tailor its billing to more accurately reflect the community. Its board of trustees would have the ability to set fees. Since the district would be owned by users, it would be more responsive to them. Politics would be removed from the system. Town staffing would be required. The district would contract with the Town to operate it. A position of treasurer would have to be created to collect all funds.
He asked Selectmen to initiate the formation of a sanitary district. It would take a year and a half to formalize a sanitary district. It has to be approved by the DEP and then by Town voters. He asked Selectman to appoint a small committee of sewer system users to prepare a working outline of a sanitary district to be drafted into legislation. It should be made up primarily of sewer users. The majority of community users need to see that it is users who are driving the committee. It is an attempt by users to solve the problem themselves, he said. Suggested goals for the committee were outlined.
Mr. Bromage thought the proposal was a wonderful step and suggested that a nonuser/non voting member be involved to insure transparency.
Mr. Peckham encouraged Selectmen to research both plans so they will have a choice.
Responding to Mr. Horner’s question about transferring Town assets and bonds to the district, Mr. Robinson said Title 38, Chapter 11 lays out what facilities would be transferred and what is necessary to carry on the function of the district. It is purely an administrative change. The trustees would be elected by Town voters.
Robert Cawley said that the Peckham proposal offered a simple, good solution and thought the district would be a great plan. He favored keeping the bond and debt in the tax base to avoid financial problems for the district. He wanted user fees low enough so they would be reasonable for folks. He did not want people to have to leave their permanent residences because they couldn’t afford user fees. Mr. Bromage had no problem with continuing to pay for the bonds.
Mr. Robinson talked about what the fees might be.
Selectman Smith was encouraged by the conversations and the two possible solutions to the problem. He thought it was necessary to keep the momentum going.
Public Works Director Smith said he would like to participate on the committee.
MOTION: Selectman Branch moved to appoint a committee to research the proposed sanitary district for the Town of Mt. Desert under the guidelines presented, the committee to be composed of up to 8 sewer users, an ex-officio member from the Town and a non-voting/non user member, seconded by Selectman Smallidge.
Selectman Smith was comfortable with the idea as long as it was for exploratory purposes. Responding to concerns from Mr. Haraden, Chairman Savage said there would have to be public hearings and Selectman Smith said the Board would explore all options. Town Manager MacDonald confirmed that applications for the committee will be accepted before the next meeting and that the Board will approve them then.
The vote was unanimous in favor.
C.~~~~~~Discussion of decision method to assess sewer user fees, (BOS or Town Meeting Vote)
At Selectman Smallidge’s suggestion, the Board tabled the above item until the Board gets more information.
IX. Treasurer’s Warrants
Approve and sign Treasurer’s Warrant #21 for $113,423.90; #22 for $38,929.40, and #24 for $28,966.82
Signed as presented.
X Executive Session
None requested
At 9:16 pm, Selectman Branch moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
Adjournment. ~The next regularly scheduled meeting is Monday, April 17, 2006 at 6:30 P.M. in the Community Room, Seal Harbor Fire Station, Seal Harbor.
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