Board of Selectmen Meeting, March 21, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 21, 2005
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: Selectmen Kathy Branch, Ernest Coombs, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Assessor John Brushwein, Harbor Master Shawn Murphy, Recording Secretary Ellen Kappes and members of the public.
Call to order.
Selectman Smallidge called the meeting to order at 6:30 p.m. and acted as chairman in the absence of Chairman Savage.
Minutes
A. Approval of minutes of Regular Meeting of March 14, 2005.
Selectman Branch noted on page 3 line 18 that “the” should be omitted between “after” and “all” and that Gerard Haraden’s name had been misspelled.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of March 14, 2005 as corrected, seconded by Selectman Branch. The vote was unanimous in favor.
Recording Secretary Kappes asked Selectmen to send copies of the minutes to Senator Dennis Damon and Representative Ted Koffman. Selectman Smallidge said it could be done.
III. Appointments and Communications
A.~~~~~~Approve appointment of Alice Carter to Mount Desert Housing Authority
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Michael Silva to Investment Committee.
MOTION: Selectman Branch moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
C.~~~~~~Approve appointment of William “Nick” Burnett to Warrant Committee
MOTION: Selectman Branch moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Approve appointment of Kevin J. Edgecomb as Animal Control Officer.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Approve Employee, Board, and Volunteer committee appointments as per Town Clerk prepared list.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
F.~~~~~~Consider application of Robert Liebow to Marine Management Committee, currently no vacancies.
Town Manager MacDonald said he learned the committee must have 5 members but that there is no upper limit. Perhaps the committee could set a limit or allow excused absences.
Selectman Smith thought Mr. Liebow would be an excellent choice but wanted to see the committee come up with what they consider to be a workable number.
Harbor Master Murphy wanted to see Mr. Liebow on the committee. The committee had had problems getting a quorum. He was concerned that not enough members would be present at the next meeting to vote on a workable number. Some are on vacation and some just don’t show up.
Jim Robinson said Mr. Liebow has a good understanding of the harbor and its commercial side. He suspected there would be some upcoming losses to the committee.
Harbor Master Murphy did not want to lose the opportunity to have a voting member such as Mr. Liebow who he knew will show up at meetings.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
G.~~~~~~Notice from Bangor Hydro Electric Co. for MDOT “Utility Location Permit” application for placement of one pole 1875 feet northerly from junction of Sargeant Drive. No action required.
H.~~~~~~Acknowledge receipt of meeting minutes: Planning Board, February 14, 2005 and Solid Waste and Recycling Committee, February 1, 2005. No action required.
I.~~~~~~Acknowledge Olver Associates Weekly Construction Summary for Seal Harbor Wastewater Treatment Plant Upgrade March 11, 2005 No action required.
IV. Selectmen Reports
None
V. Old Business
None
VI. New Business
A.~~~~~~Approve and sign contract with Vision Appraisal.
Assessor Brushwein recommended the above contract and the company which has done evaluations recently in a number of Maine towns. The system will allow for a lot of growth and will save a lot of time in the future.
MOTION: Selectman Smith moved to approve the above contract, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Consider Marine Management Committee recommendation to approve transfer of Commercial Dock privileges from Storey King to Andrew and Steve Keblinsky.
C.~~~~~~Consider Marine Management Committee recommendation to approve transfer of Commercial Dock privileges for “Sea Princess” from Robert Liebow to James and Andrew Allen.
Selectman Smallidge took B. and C. together. Town Manager MacDonald suggested that the MMC be asked to reconsider the above with a full quorum. Responding to Selectman Smith, he thought the transfer might get delayed until mid-May because of meeting schedules. Harbor Master Murphy said he preferred to have that kind of time to get the necessary paper work done. James Allen, who is trying with his brother to purchase the above said he would rather have the process done right and that it was okay to wait.
MOTION: Selectman Smith moved to refer the above back to the MMC, asking them to take it up as soon as possible, seconded by Selectman Branch. The vote was unanimous in favor.
D.~~~~~~Approve Liquor License for AstiKim Corp. d/b/a Asticou Inn.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Solid Waste and Recycling Committee - NEH Marina dumpster recommendation.
Public Works Director Smith referred to the messes and abuses associated with the marina dumpsters. He reviewed the above recommendations.
Mr. Robinson said the dumpsters were not necessarily for marina use only. A lot of residents who don’t want to wait for trash collection use them. He thought a lot of caretakers will be very upset if the dumpsters are pulled out without more warning. Publication of what has been said should happen first so that the caretakers can have their say. He agreed the dumpsters are in the wrong place.
Selectman Smallidge and Selectman Coombs said there will be a public hearing.
Harbor Master Murphy had no problem with monitoring the dumpsters when he has summer employees. He did not like the idea of being responsible for the dumpsters.
Public Works Director Smith said it costs the Town thousands of dollars to empty the dumpsters.
Phil Lichtenstein said he has driven to the dump many times in between trash pick up days. That’s what it’s there for. People can hire private contractors if they have too much trash.
George Peckham thought Selectmen might consider not having garbage disposal funded with taxes.
Alan Joseph said the paying customers at the marina pay for services such as trash collection. It should be reserved for them.
Public Works Director Smith said the recommendations were one way to save tax dollars.
MOTION: Selectman Smith moved to hold an April 18, 2005 public hearing on the Solid Waste Committee recommendations for the NEH marina dumpsters, seconded by Selectman Coombs. The vote was unanimous in favor.
F.~~~~~~Approve LD1052 testimony and advise public and press if BOS members will be traveling to Augusta to testify at LD1052 public hearing on Wednesday, March 23, 2005.
Town Manager MacDonald passed out copies of the most recent version of the testimony.
Selectman Smallidge read into the record a March 14, 2005 letter from Senator Damon. He advised those present that the Board would be discussing its public position as voted 4 to 1 on March 14, 2005 to oppose LD1052.
Selectman Smith said he left last week’s meeting with a feeling of being rushed. It’s hard to make any major policy change when a gun is being held to your head, he said. He opposed the suggested legislation because of its unfair burden, it is too soon and it is the wrong proposal at the wrong time. He was not opposed to sewer user fees for operation and maintenance; he was opposed to the way they were being presented. He thought Town Manager MacDonald had written a very good testimony that reflected the Selectmen’s philosophy, not just that they opposed the bill. Selectman Branch agreed with Selectman Smith and said she did not think it is right for the Town to back a bill that affects other municipalities.
Selectman Coombs agreed their focus should be on this Town. He could not support the bill and was satisfied with the testimony.
Selectman Branch thought the word “reimburses” on page 2 should be changed to “provides grants to eligible”.
Mr. Peckham said the legislators will go into a workshop session after the public hearing and can amend the bill if they choose. He thought they would look at it in terms of the whole state not just this town.
Mr. Joseph did not think the two authors of the bill had a statewide bill in mind.
Mr. Peckham said the bill is nothing more than a change to one that’s been on the books. It affects the whole state.
Mr. Robinson relayed his conversation with Senator Damon who said that he sent the rewritten bill back to the two people who requested it for their approval. He said it is a very short-sighted bill and serves a couple of peoples’ interests.
Mr. Haraden said they knew exactly what they were doing when they contacted Senator Damon. They knew the bill would affect other towns. After 30 some years, something had to be done, he said. Senator Damon could get the bill into the hopper for them. No bill has ever passed with the original wording, he said. It is there because the Town has squandered opportunities to do the right thing for the citizens of the Town.
Selectman Smallidge said one of his biggest oppositions to the bill is that Mr. Haraden says they are giving up the rights of 4 or 5 towns who have not enacted a user fee. That is not true. It is a rare town that funds the entire capital, interest, operations and maintenance through a sewer user fee. It is rarer to have it the way this Town does. Most of the towns are somewhere in between, funding part of the sewers. This law would destroy the framework that every municipality has put together over decades. Removal of municipal authority on an issue is a relinquishing of the control of the individual resident.
Chris Moore thought the testimony was well written and supported it. He did not see how two people’s opinions could outweigh thousands of others who voted down the sewer user fee.
Mr. Peckham said their only request was to change the word “may” to “shall”. It was handled by the staff in the legislature.
Mr. Haraden thought Selectmen were deluding themselves if they thought only two people are in favor of the bill. The vote was close over the years.
Selectman Smallidge said they were referring to the two people who asked for the bill. He reminded Mr. Haraden that they were not discussing the merits of the sewer user fee.
MOTION: Selectman Smith moved to adopt the March 21, 2005 LD 1052 testimony, with the suggested corrections, from the Town of Mount Desert as the position of the Board of Selectmen, seconded by Selectman Smallidge. The vote was unanimous in favor.
Selectman Smallidge said Senator Damon suggested to him how the Board could convey its meanings to the committee. 1. It should take an official position. 2. People going to Augusta should have personal positions. 3. The Board should appoint someone from the Rural Waste Water Study committee to speak in favor of the Selectmen’s position. He recommended that Mr. Robinson who has spoken with Senator Damon be the one to go to Augusta.
Mr. Robinson wanted to go over first with other members of the RRWSC what he would present at the hearing. He noted the short time available and decided to email an outline to the members.
VII. General Issues
A.~~~~~~Set date for Traffic Ordinance amendments (suggest April 18, 2005)
MOTION: Selectman Smith moved to hold a public hearing on the above amendments for April 18, 2005, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve 2005-2006 Board of Selectmen monthly meeting schedule.
Selectman Smallidge suggested revising the schedule so that meetings after November 1, 2005 would be held in Northeast Harbor. Town Manager MacDonald agreed to make the changes.
MOTION: Selectman Coombs moved to approve the schedule as amended, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Consider appointing Police Chief James Willis and Public Works Director Tony Smith as voting members of Traffic Committee.
MOTION: Selectman Coombs moved to approve the above appointments, seconded by Selectman Smith. The vote was unanimous in favor.
VII. Other Business
Rhonda Soucie asked the Board to recommend to the MMC consideration of her request for commercial float privileges from the Seal Harbor public dock for Island Lady Charters.
IX.Treasurer’s Warrants
Approve Treasurer’s Warrant for #29 for $291,717.99.
Signed as presented.
X Executive Session
None requested
At 7:36, Selectman Smith moved to adjourn the meeting, seconded by Selectman Branch. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
The next regularly scheduled meeting is Monday, April 4, 2005 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.
| 
