MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 19, 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, Jeffrey Smith; Town Manager Michael MacDonald; 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 June 5, 2006.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of June 5, 2006 as presented, seconded by Selectman Branch. The vote was unanimous in favor.
III. Appointments and Communications
A. Approve appointment of Darrell Phillips to Board of Assessment Review.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
B. Approve appointment of Patti Reilly as Planning Board member.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
C. Approve appointment of James Bright as Planning Board alternate.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
D. Acknowledge receipt of Board and Committee meeting minutes; Marine Management Committee, June 13, 2006 no action
E. Correspondence from Sanitary District Steering Committee member Cawley. No action.
F. Department Head monthly reports: Harbor Master; Administration. No action
G. Vision Appraisal Technologies, revaluation status update. No action
IV. Selectmen Reports
" 1. Chairman Savage complained about a ditch across the road on Peabody Drive where apparently someone had been allowed to dig a line. Town Manager MacDonald said he would report it to the state highway department.
" 2. George Peckham showed a chart from a recent School Board meeting that detailed tuition rates from each town. Selectman Smallidge said he would make sure the tuition issue would not be dropped.
" 3. Chairman Savage brought up the issue of food containers left at the public marina. Harbor Master Murphy said he talked with someone from the Cranberry Island store on Friday. She blamed the distributor.
V. Old Business
A. Vision Appraisal preliminary valuation publication discussion with Assessor Brushwein.
Assessor Brushwein said they were on schedule and expected to send revaluation notices the first week in August. He said the Bar Harbor Times and the Islander will publish information on how to contact Vision and the data for nothing on Aug 4. Recognizing that people will want to compare information on neighboring properties, he wanted to know if physical locations of properties should be included in the published data. Responding to Chairman Savage, he said he could limit the information to names and the tax maps and lots. Selectman Smallidge agreed that would be a good idea. Bob Smallidge was concerned that traffic in the Town Office would be increased with people checking the tax maps. Selectman Branch did not think addresses should be published. Assessor Brushwein said tax map information is available on line.
Town Manager MacDonald thought values of both land and building should be included for comparisons.
MOTION: Selectman Smith moved to include in the published information the name of the property owner, map and lot numbers, the land value, building value, and total value, seconded by Selectman Smallidge. The vote was unanimous in favor
Responding to Bob Smallidge, Town Manager MacDonald said he was still waiting for information about town-wide internet services and that the summer newsletter would include an update on cable access for areas of Town not currently serviced.
VI. New Business
A. Revoke mooring privileges for Storey King, Northeast Harbor mooring #125.
Harbor Master Murphy explained the reasons for revoking the above and below privileges, saying he had tried repeatedly to get in touch with the individuals.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
B. Revoke mooring privileges for Ross Anderson. Seal Harbor mooring #321.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
Responding to Selectman Smallidge, Harbor Master Murphy said the cost to bring a mooring up to standards depends partly on what series the mooring is.
C. Approve and authorize Town Manager to sign a 5-year lease with Transco Inc. for a Savin 8035 copier.
Town Manager MacDonald said the above is a good leasing deal. The current copier is having difficulties but will be used downstairs where the volume is considerably less. 12,000 to 15,000 copies are being run each month upstairs.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
D. Chairman Savage read a letter from Hancock County Commissioners asking if this Town has an interest in joining a regional communication center. Selectman Smallidge noted the silence was deafening. The subject died for lack of a motion.
VII. General Issues
A. Continue discussion of "Commercial Activity" at Town owned marine facilities.
Town Manager MacDonald had compiled a number of definitions for the above. Chairman Savage reviewed the reasons for the issue. Harbor Master Murphy said no costs to the Town had resulted from last year's barge accident. Chairman Savage said his own insurance provider had recommended that he not name the Town as an additional insured for his boat operation business. If he did, his receipt of any payment would be cut in half. He felt boat operators were singled out. Selectman Smallidge said he discussed the matter with some commercial fishermen who use the harbor. They were opposed to it, especially since the Town has its own insurance. If there were a public hearing on the subject, he guessed it would be a loud hearing. Chairman Savage looked to Town Manager MacDonald for a response.
Town Manager MacDonald was sorry if the policy affected Chairman Savage but said he had to think in the best interests of the Town. This was one obvious place to increase revenues to the Town. Businesses are using Town assets to make a living. Are those businesses adequately compensating the Town for the use of those assets? The decision is not his to make, he said; it is the Board's. Rates must be reasonable but different rates could be charged for different activities if it is determined that some cause more wear and tear on Town assets than others. Revenues could also be increased with paid parking at the marina. He suggested some ways to do that. Why are we giving away an asset that's in such demand during several weeks in the year?
Chairman Savage explained his position on the insurance issue to Mr. Peckham.
Town Manager MacDonald read the University of New South Wales's definition of commercial activity. Chairman Savage agreed with him that the ultimate question is if the fees the Town charges are appropriate for the services people are providing when they use Town resources. Referring to the parking lot, he noticed that on a daily basis by 7:30 am, the prime parking location is totally dominated for the rest of the day by day workers going to Cranberry Isles.
Selectman Smallidge had no problem with fee parking as long as property tax payers are exempted from paying. The residents of the Town should have the benefit of using that facility without paying for it. Town Manager MacDonald said he could design the fee structure any way Selectmen directed. Chairman Savage said his suggestion that a parking area be reserved for commercial fisherman was rejected by the Marine Management Committee. Harbor Master Murphy said that could be worked on by redesigning and opening up more parking spots. They discussed possible solutions.
Town Manager MacDonald asked if Selectmen wanted a fee schedule developed incorporating ideas mentioned that evening. Acknowledged that nothing could happen for this summer, Chairman Savage said that would be a good idea.
Selectman Smith thought a motion for the above would be premature because they are still in the fact finding and brainstorming stages. A lot of philosophy has to be bandied about first. He wanted time to get his mind around what commercial use is. He was not sure if fee parking is a good idea and was not ready to suggest coming up with a fee schedule. He took the opportunity to say that the harbor looks very impressive. He was sure there are other areas that need to be considered if fees are charged. Andrew Keblinsky spoke about other towns and noted that Southwest Harbor has a good fee structure.
Town Manager MacDonald asked if Selectmen wanted the administration to do anything.
Selectman Smith thought the Comprehensive Planning Committee, other committees and the staff need to be involved in the brainstorming phase.
Parking at the Somes Harbor landing and use of that facility was reviewed.
Selectman Smallidge thought the other committees should consider the issue of commercial use of Town assets. He also suggested that the Marine Management Committee take up the idea of fee parking and report back. He was interested in Police Chief Willis's idea or a thumbnail sketch of what it would cost to set up a parking fee. After discussion, the 2nd week in October was chosen for reporting on findings.
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Mr. Keblinsky reiterated his complaints about his attempts to apply for running a commercial vessel off the Town docks. He wondered if it would be possible to apply at this Selectmen's meeting. Harbor Master Murphy reviewed his understanding of what had occurred. He said there is no time now to advertise and go through the process all over again. The MMC won't meet again until September. A lot of time and energy and been put into this matter and wasted. Mr. Keblinsky continued to explain his approval attempts, the latest being for a 6 pack lobster boat. He said he did all that was necessary.
Chairman Savage said the Board was in somewhat of a quandary even discussing the matter because it was not on the agenda. It was not prepared to take any kind of action that night. Town Manager MacDonald said this was about the 3rd or 4th time the Board has heard this conversation from Mr. Keblinsky. There were two different sets of recollections of the sequence of events. He was tired of hearing about it. He advised Mr. Keblilnsky to watch the newspapers for the advertisements when he will have the opportunity to submit a proposal. An inordinate amount of time has been spent on this topic to the detriment of everyone there. He suggested that the Board could do nothing that night. The Town would receive complaints and letters of appeal on any action that the Board might take. Chairman
Savage agreed, saying the Board would not take any action that night. He ended the discussion.
VII. Other Business
A. A contractor working on a project off Huntington Road requests permission to use a Town-owned gravel right of way to access their project.
Assessor Brushwein explained the right of way would be used during construction of a house. It would be tough to get trucks to the site off Harbor Watch Lane, the road that does access the property. He recommended that, if the Board gave permission, it made sure to stipulate that the right of way be put back in the condition in which they found it or better. Chairman Savage thought it would be a safer access.
MOTION: Selectman Smith moved to grant permission for the above with the caveat that it be returned to its present or better condition, seconded by Selectman Smallidge. The vote was unanimous in favor.
IX. Treasurer's Warrants
Approve Treasurer's Warrant #48 for $87,327.56
Signed as presented.
X Executive Session
None requested
At 7:50 pm, Selectman Smith 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, July 10, 2006 at 6:30 P.M. in the Community Room, Somesville Fire Station, Somesville..
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