Board of Selectmen Meeting, April 17, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 17, 2006
A meeting of the Board of Selectmen was held this date in the Community Room, Seal Harbor Fire Station, Seal Harbor, Maine.
Those present included: Chairman Rick Savage, Selectmen Kathy Branch, Patrick Smallidge, Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Shawn Murphy, 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 April 3, 2006..
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of April 3, 2006 as presented, seconded by Selectman Branch. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of Northeast Harbor Marina dockhands; Stephen C. Rea at $13.00 per hour; Sam Stevens at $11.00 per hour; and Bree A Walsh, Sarah L. Hinckley at $10.00 per hour.
MOTION: Selectman Smallidge moved to approve the above appointments, seconded by Selectman Branch. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Bryan Dow as Shellfish Warden.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Approve appointment of James Robinson and Anne Funderbunk as voting members; and Anthony Smith and Robert Cawley as ex officio non-voting members of Sanitary District Steering Committee (SDSC).
Town Manager MacDonald said the above are the only people who have applied so far.
MOTION: Selectman Smallidge moved to approve the above appointments, seconded by Selectman Branch. The vote was unanimous in favor.
D.~~~~~~Approve appointment to Planning Board, one vacancy, two applicants, James Bright and Richard Davis Irvin.
Town Manager MacDonald said the Planning Board could not come to a consensus on either candidate and left the decision to the wisdom of the Selectmen. He confirmed with a Planning Board member that there is only one vacancy available. Chairman Savage thought both candidates would do well.
MOTION: Selectman Branch moved to appoint James Bright to the Planning Board, seconded by Selectman Smallidge.
In a quandary, Chairman Savage said the Town struggles for good candidates and now has two.
Selectman Smallidge told Mr. Irvin that he has not seen him as much as he has seen Mr. Bright in recent Town events and thought the latter was a little more in tune with current actions.
Chairman Savage said obviously the Board could only make one choice but hoped that whoever was not chosen would stay in the loop. Selectman Smallidge thought the next vacancy would be coming right up.
The vote was unanimous in favor of the above motion.
E.~~~~~~Copy of request for assistance to Senators Snowe and Collins and to Representative Michaud.
Chairman Savage explained the request to get out of the federal navigation project must be taken care of by June of this year or else it will be buried in paper work and not come up before the Senate for several years. A very good bill was introduced a year ago to address this matter. Other towns have similar requests. Town Manager MacDonald said a representative in Senator Snowe’s office told him that afternoon that the Senator will try to get it moving along and passed by the Senate.
F.~~~~~~Invitation from MDI Housing Authority to attend Annual Commissioners’ Dinner on April 26, 2006 at 6:00 PM at the Rinehart Dining Pavilion.
Selectman Branch reminded Board members that the above is the same night as their meeting at the high school.
G.~~~~~~Acknowledge receipt of meeting minutes from Marine Management Committee, March 14, 2006 and April 11, 2006; Planning Board February 27, 2006; Comprehensive Plan Committee March 29, 2006 and April 5, 2006
No action required.
H.~~~~~~Monthly Department Reports, Harbors, Administration, Highway, Fire, Police, Assessor, and Code Enforcement.
No action required.
IV. Selectmen Reports
Responding to Chairman Savage, Harbor Master Murphy said a float that has been at the Town Garage since last fall is for Bartlett’s Landing. Chairman Savage asked him to see to it that it is blocked up so that it is straight. It has taken a severe curve that will be permanent if not straightened out.
Selectman Smallidge referred to a report from the Hancock County Drug Enforcement task force which was started 2 years ago at the County level because of the lack of State commitment. The State now says that without supplemental funding from the legislature, the MDEA will have to drastically reduce or shut down its statewide operations in November 2006. He encouraged members of the audience to contact their State legislators asking for their commitments on a State level on the war on drugs.
V. Old Business
A.~~~~~~Approve Liquor License for Stanley Enterprises Inc, d/b/a Abel's Lobster Pound and Journey’s End Inc. D/B/A Docksider Restaurant.
MOTION: Selectman Smallidge moved to approve the above renewals, seconded by Selectman Branch. The vote was unanimous in favor.
B.~~~~~~Approve and sign Municipal Quitclaim Deed to Island Housing Trust for 9.99 acres.
Director Chris Spruce said the Ripples Pond project is currently in a formal Planning Board process. He handed a sketch plan and FAQ sheet to Chairman Savage and some of the audience. The above deed will put the trust in a position in which it can get financing. He discussed details of the site with a neighbor sitting behind him. Responding to Selectman Smallidge, the trust has said less in its criteria about being year-round than about working on MDI. They are trying to get the cost of each house down to $160,000. Under the best scenario, site work will begin in the late summer/early fall.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Approve and sign Agreement between Town of Mount Desert and Island Housing Trust.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
D.~~~~~~Approve and authorize Chairman Savage to sign Cooksey Drive Fire Pond Revocable License Agreement with David Rockefeller
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
E.~~~~~~Acknowledge receipt of monthly financial documents; Trial Balance, Revenue and Appropriation Control Reports. No action required.
VI. New Business
A.~~~~~~Set Public Hearing date and time for Special Amusement Permits for Mainsail Restaurant and Asticou Inn. ~(Suggest 6:35 PM and 6:40 PM at May 1, 2006 meeting) Done
B.~~~~~~Approve Mooring Agent Agreement with Kerry Taylor and authorize Town Manager to execute same.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Request from Seal Harbor resident to use portion of Seal Harbor pier parking lot from April 26 through May 10 to construct a 20’ X 20’ float.
Tom Grindle said he wants to use a corner of the pier to construct a float so that he would not have to go through the parking lot.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
D.~~~~~~Approve $1,600,000.00 Tax Anticipation Note.
Town Manager MacDonald pulled this item from the agenda because he does not have the necessary information yet.
VII. General Issues
A.~~~~~~Response letter from Maine Municipal Association Legal Department regarding assessment for sewer funding and method of adoption of a sewer fee.
Town Manager MacDonald reported the above letter said assessing a sewer fee based on valuations would violate the Maine Constitution. It would be illegal for a municipality to impose a local tax unless specifically authorized to do so by statute. A constitutional amendment would probably be required. It would be put before the voters either by a decision of the legislature or by a citizen initiated petition which requires about 54,000 signatures. If the Town enacted it after a referendum, it could be challenged as an illegal imposition because it did not follow a State statute which says Selectmen shall impose a fee.
Chairman Savage agreed with Selectman Smallidge that the fee decision still is on Board shoulders. He said this Town would be trying to carve out new territory if it proceeded with basing the fee on valuations. Town Manager MacDonald read the ways that fees may be figured.
Responding to Mr. Bright, Chairman Savage discussed with him when the committee would start and whether or not the 5 people who signed the request to look into a sanitary district would be on that committee.
B.~~~~~~Review municipal investment policy and provide guidance to investment committee.
Town Manager MacDonald thought the Town should not be in the equity investment business. The current policy permits up to 65% in equity investments. When a town puts taxpayers’ money aside, it should do everything possible to protect the balance rather than putting it at risk in an equity market. In the long run the equity investment will outperform a fixed income investment but it is important for money to be there when the Town needs it. A fixed income investment makes this possible. He wanted the Board’s philosophy on the matter before taking his suggestion for amending the current policy to the investment committee.
Mr. Bright noted that in the past a very knowledgeable gentleman provided investment advice but that has not happened for a number of years. He agreed with Town Manager MacDonald.
Noting that the Town does not have the aggressive quality of advice that it once had, Chairman Savage agreed with the advice to go into the bond market and, with Selectman Smallidge’s concurrence, told Town Manager MacDonald he could send word to that effect to the investment committee.
C.~~~~~~Review municipal authority to adopt local Property Tax or Rent Assistance Program. (36 MRSA§6232)
Town Manager MacDonald said when they were at the meeting with the school board on tuition funding they had talked about a local circuit breaker property tax system. He called MMA and learned that, at the last legislative session, they passed a local option circuit breaker program which is like the property tax relief program on Maine income tax forms. At certain income levels, one can apply and pay less in taxes to the state of Maine. The recent legislation says local communities can do that for property taxes on the local level. No town in Maine has yet done this. One of the concerns heard often when discussing sewer user fees is a possible adverse effect on the retired person on a fixed income. This legislation would allow the town to adopt a local ordinance which says a person who
meets certain income guidelines can get a reduction in local property taxes. Chairman Savage said he would rather see an island wide type of arrangement for this to prevent cross border friction. He did not think this Town is big enough to take this on alone.
VII. Other Business
Chairman Savage recused himself from all comments and actions on the following. Selectman Smallidge took over the chairmanship for it.
Andrew Keblinsky, who wanted to operate a vessel from the Town dock, related his experiences with his attempt to get approval and hoped to get a resolution that night from Selectmen. That day he had received a letter from Harbor Master Murphy denying his application because new calculations showed that his boat could create more passengers than there is space available. Town Manager MacDonald said the vacancy for the 30 open slots on the dock would be advertised. He said some of Mr. Keblinsky’s requests have not been consistent and he had not supplied the Town with a required condition assessment on the vessel’s hull. Mr. Keblinsky had said he did not want to do that until he had the permit in his hand. Town Manager MacDonald thought the Town should advertise the slots, run the
proposals through the lottery and see what meets the criteria. He recommended not granting Mr. Keblinsky any license because that would leave the Town open for anyone else who might say he wanted the same thing.
Mr. Keblinsky said a certificate of inspection takes time and expense to get. He questioned why his vessel could not be termed a 24 passenger vessel. He did not want to spend any more money and thought there was a communications problem. He felt he’d been caught in a catch-22.
Harbor Master Murphy reviewed the request, saying it started with a request for a direct transfer of a business. He talked about how the proposal had changed.
After more discussion, Selectman Smallidge said the Board could not vote on the matter that night because, with Selectman Savage’s recusal, there was no quorum. He said the Board could not undermine Marine Management Committee regulations. He thought Mr. Keblinsky should go through the MMC and apply through the lottery system. Mr. Bright said the MMC is 100% behind what Town Manager MacDonald has suggested and Selectman Branch concurred. Mr. Keblinsky said he might try the appeals process.
X. Treasurer’s Warrants
Approve Treasurer’s Warrants # 26 for $78,725.10, #28 for $114,084.92
Signed as presented.
X Executive Session
None requested
At 7:35 pm, Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Branch. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
Adjournment. ~The next regularly scheduled meeting is Monday, May 1, 2006 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.
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