MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 5, 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, Recording Secretary Ellen Kappes and members of the public.
I. Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of May 15, 2006.
Town Manager MacDonald said page 5, line 15 should be changed to say fixed income instead of mixed income. Following a question from Selectman Smallidge, page 1 line 33 was changed to read Jim Robinson instead of Police Chief Willis.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of May 15, 2006 as amended, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A. Approve appointment of Jonathan Eno as Northeast Harbor Marina dock hand, at hourly rate of $10.00; effective June 6, 2006.
B. Approve appointment of Brandon Bonney and Christopher Closson as part-time seasonal police officer, at hourly rate of $12.00; effective June 6, 2006.
MOTION: Selectman Smallidge moved to approve the above appointments in Items A & B, seconded by Selectman Branch.
C. Accept with regret resignation of M Murdoch from County Services Committee. No action.
D. Request from resident to purchase/bid on town-owned property on Beech Hill Rd.
Chairman Savage said action on the above could not be taken without Town Meeting authorization. Selectman Smallidge thought the Board needed to find out if that property would be of benefit to the Town in the future.
Assessor Brushwein said in 1997 the Town put an adjacent lot out to bid but did not receive adequate bids. He did not think the Town would want use the very small lot in the near future. Two more are in the neighborhood. Chairman Savage recalled that the Town acquired the lot for taxes. Chairman Savage thought anyone who might want to use the substandard lot would have to be an abutter and that the matter should be sent to the Planning Board. Assessor Brushwein said the Town might want to think about the other lots too.
MOTION: Selectman Smith moved to send the concept and a letter to the Planning Board with a request for a recommendation from them, seconded by Selectman Coombs. The vote was unanimous in favor.
E. Acknowledge receipt of Municipal Review Committee quarterly cash distribution of $8,200.25. No action required
Responding to Chairman Savage's concern about whether or not the Town should be doing something more to protect the dumpsters at the marina area for corrugated cardboard, Public Works Director Smith said there is no problem and that nothing has been rejected for recycling.
F. Acknowledge receipt of Board and Committee meeting minutes: Marine Management Committee, May 10, 2006; Acadia Disposal District, April 20, 2006; Planning Board, May 8, 2006.
G. MDI Regional School District assessment for 2006-2007.
Town Manager MacDonald said the assessment is for $2,131,408. In response to George Peckham, he said there is about $400 difference between that figure and the one given in the February annual budget meeting.
H. Acknowledge receipt of Department Reports; Public Works, Police, Code Enforcement,
Selectman Coombs asked about getting figures for approval of the addition to the Highway Garage before it is done and was told the Board would.
Selectman Smallidge requested that the next time work is done on Sargeant that the Highway Department coordinates with the Water District to make certain work is not being done on both ends at the same time.
I. Commitment and tax rate memo from Assessor Brushwein.
Assessor Brushwein expected the tax rate to stay the same at 14.15. He explained the assessment ratio and said the Homestead Exemption decreased this year. Those who qualify will see about a $35 increase in their taxes. He expected tax bills to go out the week of the 20th and revaluation notices to go either the last week in July or the first week in August. Responding to Chairman Savage, he said the assessment ratio this year will be at 100% again and the diminishing decline rate depends on the market.
Town Manager MacDonald added to the agenda the need to appoint a warden for the June 13 primary election and suggested Joelle Nolan for the appointment.
MOTION: Selectman Coombs moved to appoint Joelle Nolan as warden for the June 13 primary election, seconded by Selectman Smith. The vote was unanimous in favor.
IV. Selectmen Reports
1. Chairman Savage complimented Harbor Master Murphy for the planting saying it looks good.
2. Chairman Savage said something needs to be done about the plastic bread boxes; that it is not fair for the Town to accommodate that kind of unattractive mess. Harbor Master Murphy said he has been talking to the woman responsible for them. Chairman Savage was also concerned about the accumulation of boat trailers. Harbor Master Murphy said he keeps contacting people about them and that they do not always belong to the same people.
3. Selectman Smallidge referred to recent thefts of lobster pots from Seal Harbor and asked about the chances of getting a video camera there. Harbor Master Murphy thought it was a good idea and said he will look into it. A discussion of possible costs followed. Police Chief Willis recalled that the last cameras came from Homeland Security and said he would rather have that request come through his department because of the surveillance factor rather than putting the task on Harbor Master Murphy.
4. Selectman Smith asked for a clarification about commercial use by outfitters and kayakers of Town facilities such as Pond's End and Bartlett's Island Landing. Town Manager MacDonald said they looked at but never enacted an ordinance about it. It should be done comprehensively he said. Police Chief Willis said there is a conflict in ordinances. One says a vehicle towing more than one boat can't use the landing but a lot of businesses have been doing so for a long time. Selectman Smith said the areas are overused by commercial outfits and thought they should be kept for Town residents. Assessor Brushwein said the issue has been discussed frequently. The conclusion has been that there should be some kind of commercial use ordinance or use regulation permit that is through the Board. They did not want every
lobsterman going to the Planning Board for a conditional use permit. That would create a bottleneck. Chairman Savage said the Board should develop a definition of what commercial activity is on Town-owned property and prepare regulations for enforcement.
V. Old Business
A. Discussion with Mount Desert Water District of no swimming ordinance (pets) at Hadlock Ponds
Town Manager MacDonald said pets are not addressed in the Town's current ordinances,
Paul Slack from the MDWD said the district has a filtration waiver that saves it millions of dollars in capital costs. In order to keep the waiver, they must do things to make sure the water supply is secure. If, after their once a year review of the watershed by the Water Quality Program, the Augusta representative gives the district a bad review, he can knock out the waiver. With most of the land owned by the park and some of it in a conservation easement with Maine Coast Heritage Trust, the district wants people to enjoy the land. But they need to put pressure on people not to let dogs poop within 100 feet of the water and walk away leaving the mess. They would like the people to clean up the mess. They want to increase the amount of the fines. They learned from Police Chief Willis that he is in a favorable
position to prosecute up to $1,000. That amount would be satisfactory to the district.
Chairman Savage asked how it would be policed. Mr. Slack said they would police it themselves. If they have a repeat offender who becomes arrogant, they would ask the MDPD or the Park to step in. They would also like to post signs. Harry Madeira said he had never heard of anyone getting nailed at Hadlock Pond but the fine is there to discourage people and to indicate to the water quality people that the district means business. It would be astronomical if the district were to lose its waiver. Responding to Chairman Savage, Mr. Slack said they were basically asking Selectmen to change the amount of the fine and the pet waste issue. Chairman Savage thought 100 feet was a long way. A residence can be built 75 feet of the water. Mr. Slack said it is necessary for people walking their pets within 100 feet to
remove their pet waste. Chairman Savage was concerned about enforcement. He asked if the Town or the water company would be the prosecutor. Mr. Madeira saw no reason why it couldn't be the water company. Chairman Savage said there is nothing worse than a poorly written ordinance that could be thrown out in court. Police Chief Willis learned from the district attorney that $1,000 is the high threshold for a fine. If it is too high, the judge could say it is excessive punishment. The amount of the fine is up to the judge. He said his department could do the enforcement.
Mr. Slack said the drinking water program really doesn't care if the Town's water passes because they will tell it to put in a filtration plant. It is simpler for them to manage the district with a filtration plant. When they are monitoring places with filtration waivers (about 7 locations in Maine), they are bird dogging those 7 places to make sure they are complying. Responding to Chairman Savage, he said people could walk their dogs within 100 feet but if the dog poops, they can clean it up and they can provide their own bags. Selectman Coombs said one problem is that people go up there and turn their dogs loose. They should not do that because the Town has a leash law.
Town Manager MacDonald recommended that Selectmen hold a public hearing on the changes and suggested that the district add the phrase about pet owners picking up after their pets. Chairman Savage agreed they would proceed with a public hearing.
B. Approve and sign lease with Mount Desert Water District for Schoolhouse Ledge property.
Town Manager MacDonald explained the amendment to the lease which refers to restrictive covenants. Mr. Madeira said the Town gave the Water District permission to something they weren't allowed to do. This is correcting it.
MOTION: Selectman Coombs moved to approve the new lease and to sign same, seconded by Selectman Smith. The vote was unanimous in favor.
C. Discussion with Great Harbor Maritime Museum, sale or lease of building at 124 Main Street, Northeast Harbor.
Sydney Roberts Rockefeller said the Museum is at a point where it is up against a wall. Willie Granston said they prefer the sale of the building. Town Manager MacDonald reviewed the different possibilities for articles on which to vote. Chairman Savage thought if too many choices were offered, a good vote might not be acquired on any of them.
Selectman Coombs had no interest in selling the building. Selectman Smallidge agreed. He was satisfied with the current use and thought the Town might need the building in the future. Chairman Savage liked the option of selling it because the Town would have the option of buying it back for the same price as it sold it. It would have the right of first refusal. Not being hampered by a finite lease would give them the ability for fundraising. Fifteen years goes by fast. Selling would send the message that this is the museum's opportunity to go for it and show that they can succeed. Referring to the terms of the agreement, Selectman Smallidge said he was in favor of the first choice. Selectman Smith did not favor selling Town property but the study told the Board that this was not the right time
or place for the Town to use the building. He favored option 1 - selling. If it's going to be used for something, this is as good a use as any. Selectman Branch preferred a three year lease and then the Town would have the option to buy.
Katrina said a three year lease makes it difficult to do any fundraising. A sale or a 15 to 20 year lease would make it possible to raise money. Maintenance of the building was discussed. Selectman Smith preferred a sale, adding he would not support anything shorter than a 15 year lease.
MOTION: Selectman Smallidge moved to put two different articles on the 2007 Warrant; the first article to be the Museum's choice as stated- sale of the building, the second article to be the third choice as stated - a 15 year lease -, seconded by Selectman Smith. The vote was unanimous in favor.
D. Acknowledge receipt of monthly financials, Trial Balance, Revenue Control Report, and Appropriation Control Report.
E. Approve and sign SWH, Tremont, and Mount Desert law enforcement mutual aid agreement.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
F. Authorize the expenditure of Seven Thousand One Hundred Eighty Five Dollars ($7,185.00) from the reserve account #2840 for the invoice from Alvah B. Barge services for the realignment of Somes Harbor. This will be added to the Fifteen Thousand Dollars ($15,000.00) that was raised for the realignment to cover the bid amount of Twenty Two Thousand One Hundred Eighty Five Dollars ($22,185.00) that was accepted on May 1, 2006.
Harbor Master Murphy said the job is all done. They are still in the process of issuing moorings. There are roughly 40 to 45 new moorings. Chairman Savage suggested using fixed 6-foot floats as a solution to the space problem. He asked Harbor Master Murphy to run that idea by the Marine Management Committee.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
VI. New Business
A. Approve liquor license application for Elmer Beal Jr., d/b/a Burning Tree Restaurant.
MOTION: Selectman Smallidge moved to approve the above renewal, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Award 2006 Septic Pumping Bid.
MOTION: Selectman Smallidge moved to award the bid to Action Septic Service as recommended by Town Manager MacDonald, seconded by Selectman Smith. The vote was unanimous in favor.
C. Approve and sign installment purchase contract with Marilyn Perry and Jeff Farnsworth.
Town Manager MacDonald said these contracts will allow the above to reacquire property by making payments on past due taxes. They will not receive title to the properties until all past due and any subsequent taxes have been paid.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
D. Approve Summit Road residents' request to hold a "Street Party" Saturday, June 17, commencing at 5:00 PM.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Smallidge. The vote was 4 to 0 to 1. Selectmen Branch, Savage, Smallidge and Smith voted in favor of the motion. Selectman Coombs could not vote because of a conflict of interest. The motion carried.
E. Approve Bangor Hydro Electric Co. utility location permit for one pole on Hall Quarry Rd. 586 ft. southerly from the junction of Shipwright Ln.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
F. Approve UCC of Northeast Harbor and Seal Harbor use of Seal Harbor village green on Saturday, August 12, 2006 to hold annual summer Church sale.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
G. Declare eleven (11) finger floats as surplus and authorize Harbor Master to advertise and accept bids for their purchase.
Harbor Master Murphy said there are 12 floats.
MOTION: Selectman Smallidge moved to approve Harbor Master Murphy's request to declare 12 finger floats as surplus and to authorize him to advertise and accept bids for their purchase, seconded by Selectman Smith. The vote was unanimous in favor.
H. Approve and authorize Town Manager to sign contract with Comprehensive Plan Committee consultant, Sherry Churchill.
Town Manager MacDonald said the contract would hopefully be until March 2007 Town meeting. He said the CPC thought she could also be of some assistance with the Planning Board.
MOTION: Selectman Coombs moved to approve the above for completion of the Comprehensive Plan, seconded by Selectman Smith. The vote was unanimous in favor.
Answering Chairman Savage, Town Manager MacDonald said the plan is for the CPC to be on the 2007 Warrant. It needs to be to the State Planning Office by August 1st for review.
VII. General Issues
A. Sanitary District Steering Committee report.
Mr. Robinson reported on the first meeting in which officers were elected. They plan to meet every two weeks but will be flexible about the day. They will allow public comment only at the end of their meetings because they don't want to end up with a free-for all. They added three items to the mission: to include operations and maintenance only, to meet with the DEP and to report monthly to the Board. He reviewed the committee's meeting with a DEP representative.
A side issue raised was that of operations and maintenance vs. capital expenditures. They felt they needed direction from the Board because of different definitions of capital expenditures. He explained them in depth.
Public Works Director Smith disagreed, saying the committee needs to look more in depth at the issue and bring recommendations instead of its questions and problems to Selectmen especially after only one meeting.
George Peckham was concerned the possibility of the Town having to fund capital costs and the authority of the district for demanding money.
Public Works Director Smith said the committee needs time to formulate questions among themselves. Chairman Savage agreed that there is a lot of information that needs to be digested before something is thrown back to the Board. Mr. Robinson said a fundamental part of the charge is to determine if the district is to stand alone or to handle just operation and maintenance. That is a policy not a procedural decision.
Town Manager MacDonald agreed with Mr. Robinson that the Board needs to provide guidance but said that it doesn't have all the information required to do that yet. It is a political decision as much as an economic one.
After more discussion, Selectman Smith thought they were getting too far ahead without enough information. Chairman Savage thought the committee was charged with providing a variety of options. At this point it would not behoove the Board to tell them which way to go. Selectman Smallidge agreed with Mr. Robinson about settling the matter up front. He also wondered if the Town could provide the committee with secretarial help. Town Manager MacDonald said the problem would be finding someone to do that.
B. Approve and endorse nomination of Michael MacDonald as Legislative Policy Committee member from Senate District 28.
MOTION: Chairman Savage moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
VII. Other Business
A. Approve expenditure of $138.70 for Sanitary District Steering Committee from account 403-2903 "Contingency Fund."
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
IX. Treasurer's Warrants
Approve Treasurer's Warrant #39 for $0.60; # 42 for $201,623.41 and #43 for $284,306.96, # 44 for $12,940.88.
Signed as presented.
Selectman Smallidge asked about holding the second August meeting in the Pretty Marsh Community Center. Selectmen agreed to do so.
Mr. Robinson asked about a recent road block that involved checking seat belts. Police Chief Willis explained the procedure, adding that the department has a specific procedure for filing a complaint against an officer.
X Executive Session
None requested
At 8:30 PM, Selectman Smith 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, June 19, 2006 at 6:30 P.M. in the Community Room, Seal Harbor Fire Station.
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