Board of Selectmen Meeting, April 18, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 18, 2005
A meeting of the Board of Selectmen was held this date in the Seal Harbor Community Center, Seal Harbor Fire Station, Seal Harbor, Maine.
Those present included: Chairman Rick Savage, Selectmen Kathy Branch, Ernest Coombs, Patrick Smallidge; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Harbor Master Shawn Murphy, Finance Director Brent Hamor, 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 4, 2005.
Selectman Coombs corrected page 3, line 40, changing “Mr. Richardson” to “Mr. Robinson”. Page 4 line 15 should read “questioned and then approved her time sheet”. Selectman Branch
pointed to a typo on page 5 line 20: “pervious” should be “previous”.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of April 4, 2005 as amended, seconded by Selectman Coombs. The vote was unanimous in favor.
X Executive Session
Pursuant to 1 M.S.R.A. §405.6.D, update on Teamsters Contract negotiations III.
At 6:32 pm, Chairman Savage recommended that the Board take Section X out of order because a negotiator from the labor union was present.
MOTION: Selectman Smallidge moved to go into Executive Session for the above, seconded by Selectman Branch. The vote was unanimous in favor.
Selectmen, Town Manager MacDonald and the negotiator moved to a nearby room.
MOTION: At 6:48 pm, Selectman Smallidge moved to come out of the Executive Session, seconded by Selectman Coombs. The vote was unanimous in favor.
Chairman Savage said no decision had been made during the Executive Session and called the regular meeting back to order.
6:45 P.M. Public Hearing:~~~~~~~Amendments to Traffic Ordinance.
Police Chief Willis said the first change would remove language that banned overnight parking on Main Street during the summer. The third provides criteria for when a parking boot would be used. The fourth takes away a requirement for officers to give a 24 hour notice to an owner of a car parked on the street, blocking it for snow removal by the highway department. The fifth extends the no parking areas on Harborside Drive.
At 6:55 pm, Chairman Savage closed the above public hearing.
7:00 P.M. Public Hearing~~~~~~~~Removal and Relocation of NEH Marina Dumpsters
At 6:56 pm, Chairman Savage opened the above public hearing.
Town Manager MacDonald said the Solid Waste Committee recommended that the main dumpster area at the Northeast Harbor marina be closed and that one of the dumpsters be moved to the controlled yachtsmen’s lot. Considerable problems with the type and volume of the trash being put in the dumpsters brought about the proposal.
Jean Fernald asked for clarification about how the dumpster in the yachtsmen’s lot would be controlled. Town Manager MacDonald said Harbor Master Murphy had been considering controlling access with a gate.
Anne Gray said this weekend someone put 3 or 4 large boxes of trash in her dumpster behind the Holmes Store. If the Town takes away the marina dumpsters, she thought more people would put trash in the business dumpsters.
Selectman Smallidge brought up a proposal to limit pick up to businesses and thought it was a bad idea. Public Works Director Smith noted he was getting to the tail end of the agenda. The Solid Waste Committee’s research had shown that people in other towns were surprised that this Town picks up from businesses at no cost, especially 7 days a week. The proposal to pick up from businesses only twice during the summer was supposed to provide equitability between businesses and residents.
Selectman Smallidge was concerned about a possible odor problem from a large quantity of trash from a restaurant. Public Works Director Smith said the transfer station in Southwest Harbor is open 6 days a week for trash from residents and businesses.
Bob Smallidge asked if people were recycling cardboard boxes or still throwing them away. Public Works Director Smith said the Town’s recycled cardboard tonnage for has increased.
Chairman Savage said Selectmen would make their decisions later.
At 7:08 pm, Chairman Savage closed the above public hearing.
Appointments and Communications
A.~~~~~~Approve appointment of Bryan J Dow as Deputy Harbor Master, effective April 19, 2005, at hourly rate of $15.60, increasing to $16.38 after successful completion of six-month probationary period.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Everett Profit as part-time Dispatcher, effective April 19, 2005, at hourly rate of $11.00.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Approve appointment of Marie Overlock as part-time Dispatcher, effective April 19, 2005, at hourly rate of $11.00.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
D.~~~~~~Approve appointment of Mr. Paul Richardson as Town of Mount Desert representative to Acadia Nation Park Advisory Commission, appoint effective April 19, 2005, expires April 19, 2008.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Branch. The vote was unanimous in favor.
E.~~~~~~Acknowledge Verizon pole placement on State Rt. 102, 4313 feet northeasterly of intersection with Indian Point Rd. No action required
F.~~~~~~Acknowledge receipt of Weekly Construction Summary for SH WWTP upgrade for week of April 1, 2005 and April 8, 2005
Public Works Director Smith said the outfall is tentatively scheduled for this fall. It will be a change order to the current contract.
IV. Selectmen Reports
None
V. Old Business
A.~~~~~~Town Clerk and Dispatcher grievance decision tabled until full five-member Board is available, estimate May 2, 2005.
Chairman Savage said the Board had heard two grievances at the last meeting and had planned to make a decision at this meeting. They learned later that one Selectman would be absent and felt it was only fair to the two employees to have the full Board present.
VI. New Business
A.~~~~~~Approve $1,800,000.00 Tax Anticipation Note (TAN).
Responding to questions, Finance Director Hamor said requests for bids were sent to five banks. He reviewed the resulting bids. He anticipated a lump sum loan. This has been done for the last several years. He thought the actual interest cost would be less than the interest earned on the sum. There will be no penalties for repaying the loan in advance.
MOTION: Selectman Smallidge moved to approve the above note from Union Trust at 2.58%, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve Liquor License Application for Elmer Beal Jr. d/b/a Burning Tree Restaurant.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Approve Special Amusement Permit for Astikim Corp. d/b/a Asticou Inn.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman
Smallidge. The vote was unanimous in favor.
D.~~~~~~Approve Special Amusement Permit for Harbor View Corp. d/b/a Main Sail Restaurant.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
E.~~~~~~Approve Marine Management Committee recommendation to transfer (contingent on completed sale/purchase) of Commercial Dock privileges, with no change in operation, for “Sea Princess” from Rob Liebow to James and Andrew Allen. ~
Chairman Savage excused himself from the vote because of a conflict of interest.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Coombs. The vote was 3 to 0. The motion passed.
F. Approve Marine Management Committee recommendation to transfer (contingent on completed sale/purchase) of Commercial Dock privileges for “Elizabeth T” from Storey King to Andrew Keblinsky.
~Operation continues as “on-demand” (pick up and drop off) and adding one scheduled trip per day to Baker Island.
Responding to Selectman Branch, Harbor Master Murphy explained how the docking fees are determined for the businesses.
Chairman Savage excused himself from the vote because of a conflict of interest.
MOTION: Selectman Coombs moved to approve the concept of the above, seconded by Selectman Branch. The vote was 3 to 0. The motion passed.
G.~~~~~~Approve Marine Management Committee recommendation to authorize Rhonda Soucie operating “Island Lady Charters” to utilize Northeast Harbor Commercial Dock and Seal Harbor Public Pier as a “Drop-off/Pick-up” “six-pack” on demand service using two boats, 18’ Whaler and 37’ power boat. ~Operator to conform to parking provision requirement of Commercial Float Regulations.
Harbor Master Murphy said the power boat is 33’ not 37’. Responding to Selectman Branch, he indicated pick up in Seal Harbor would be monitored by an honor system. There will be no parking for the customers in Seal Harbor.
Town Manager MacDonald asked about audits and if the Town has the right to inspect the books of the commercial users. Chairman Savage said commercial operators are required by the Coast Guard to keep a log. The log is a public record. Harbor Master Murphy said he hasn’t had any problem with payments.
In response to Selectman Branch, Town Manager MacDonald will find out if the Seal Harbor dock is zoned for these activities.
Chairman Savage excused himself from the vote because of a conflict of interest.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Branch. The vote was 3 – 0. The motion carried.
H.~~~~~~Approve six-month moratorium for new or increased commercial usage at NEH Dock, Seal Harbor pier, and Bartlett Harbor.
Harbor Master Murphy said more time is needed to look over the draft proposal for the above. Chairman Savage confirmed with Jim Clunan that the moratorium is a standard procedure when things need to be addressed.
MOTION: Selectman Smallidge moved to approve the moratorium, seconded by Selectman Branch. The vote was 3 to 0 with one abstention. Chairman Savage abstained because of a conflict of interest.
I.~~~~~~Respond to Solid Waste and Recycling Committee recommendation to equalize collection schedule for commercial and residential pick-up.
Town Manager MacDonald said the recommendation to treat residents and businesses the same way with one pick up in the winter and two in the summer is a matter of equity.
Chairman Savage was concerned about the restaurants with food refuse. Public Works Director Smith said private contractors can be hired.
Selectman Smallidge said he would agree if this were a different town in which the property tax wasn’t heavily skewed to its seasonal residents. The business atmosphere in this state is abysmal with many fees and requirements. He did not think the Town should turn its back on the possibility of people working in it.
Public Works Director Smith referred to the cost of fuel and possible overtime. Selectman Coombs said it was not a time issue and that commercial trash should not be picked up on weekends. But, he said, he did not want to take this service away from the Town’s businesses. It is a service the Town can provide.
Selectman Smallidge said this change could create a need for enforcing an odor ordinance.
Public Works Director Smith said department heads were told to keep costs down. The proposal is one way to save money.
Selectman Branch realized the inequities but was concerned about a potential health issue. Possibly restaurants could have pick ups three times a week and the other businesses two times.
Selectman Branch asked if the vote could be postponed to after a public hearing. Town Manager MacDonald said the earliest public hearing could be on May 16 in Somesville. Selectman Coombs was not interested in a public hearing. Selectman Smallidge suggested voting on the status quo and bringing the matter up at a later date. Chairman Savage preferred to vote on the matter that night.
MOTION: Selectman Smallidge moved to equalize the collection schedule for commercial and residential trash pick-up, seconded by Selectman Branch. The vote was 0 to 4. The motion did not pass. Trash collection will stay the same.
VII. General Issues
Amendments to the traffic ordinance.
MOTION: Selectman Coombs moved to approve the recommendations changes to the Traffic Ordinance as reviewed in the 6:45 public hearing, seconded by Selectman Smallidge. The vote was unanimous in favor.
VIII. Other Business
Removal and relocation of Northeast Harbor marina dumpsters.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Coombs. The vote was 1 to 3. Selectman Branch voted in favor of the motion; Selectmen Coombs, Savage and Smallidge voted against it. The motion failed.
Chairman Savage said the sore subject is the flagrant abuse, such as putting washing machines and furniture in the dumpsters. People who use them feel they don’t abuse them. Since the town is in the pick up business, it should do a good job and keep a lot of people happy. He solicited the help of the harbor master, police chief, town employees and the general public to slow down the abuse of the privilege.
Public Works Director Smith took note of Selectman Branch’s concern about the condition of Seal Harbor playground equipment.
IX.Treasurer’s Warrants
Approve Treasurer’s Warrant SB-44 for $3,042.24 and #35 for $240,161.67
Signed as presented.
At 7:58pm, Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
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