Board of Selectmen Meeting, August 1, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, August 1, 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: Chairman Rick Savage, Selectmen Kathy Branch, Ernest Coombs, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith, Finance Director Brent Hamor; Acting Fire Chief Mike Bender, Code Enforcement Officer Kimberly Keene, 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 July 18, 2005.
Selectman Smallidge made several corrections to pages 2 and 3 under the public hearing on the White Tailed Deer Management Plan. In view of the corrections, Town Manager MacDonald suggested that Selectmen not approve the minutes until they are revised because they were constructed from an audio tape of the meeting. There was no recording secretary at that meeting.
III. Appointments and Communications
A.~~~~~~Approve appointment of Laurie Pokoney as part-time recycling attendant, effective August 2, 2005 at an hourly rate of $11.00.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Acknowledge receipt of MDI Water Quality Coalition Seal Harbor Beach Status Report
Town Manager MacDonald noted that the beach was closed some days and open others. The numbers have been inconsistent. He told Chairman Savage the lag time between the testing and closing was 24 hours. Public Works Director Smith said he could not yet see any correlation in the results. Chairman Savage was wondered if data from the tests provided an intelligent way to make a decision to close the beach. Public Works Director Smith said it is the accepted protocol established with Maine Healthy Beaches and the Water Quality Coalition. He thought it might be possible at sometime to post notices saying to swim at your own risk because high bacteria counts have been found on occasion. Chairman Savage liked that idea. It seemed to him as if the Town has been overreacting to the high
counts. Public Works Director Smith said under the protocol, when the Town learns of high numbers, it closes the beach. Robert Smallidge thought the testing could be done every day and then the results could be averaged. Chairman Savage did not think the Town’s reactions were logical.
Public Works Director Smith did not think the beach is any different now than it was 40 years ago; in fact, it might be better because of a $3 million investment in the treatment plant.
Town Manager MacDonald thought Healthy Beaches preferred to err on the side of caution. Last year there were reports of swimming related illnesses when a private sewer line was broken.
He wanted to talk to the Healthy Beaches people about using an average of numbers.
Responding to Selectman Branch, Public Works Director Smith said he would be meeting with Jane Disney on the following Wednesday to talk about coordination with the Town. He suggested that a graduate student could do some testing.
Chairman Savage was concerned about the impact on the Town’s credibility when the beach is open one day and closed the next. The information passed on to the general public is not clear.
Selectman Smith noted that the Town posts for yesterday. He liked the idea of opening further conversation with Healthy Beaches and of getting a 5 day average.
MOTION: Selectman Smith moved to get a 5 day running average, to post, not close, the beach if the count goes over a certain limit and to ask Town Manager MacDonald to enter into further conversations with Healthy Beaches and the Water Quality Coalition, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Acknowledge receipt of monthly report for Public Works and Administrative Staff. No action required.
Public Hearing: 6:50 P.M.~~~~~~~Amendments to Traffic Ordinance
At 6:50 PM, Chairman Savage opened the above public hearing. Town Manager MacDonald said there are 5 entry points into the intersection at Harbor Drive and Sea Street. The ordinance would add a stop sign at the end of Harbor Drive. Public Works Director Smith said citizens had requested the sign. Selectman Coombs and Connie Madeira thought it would help to cut down on some of the confusion.
At 6:58 PM, Chairman Savage closed the public hearing and reopened the regular meeting.
MOTION: Selectman Coombs moved to approve the stop sign, seconded by Selectman Smallidge. The vote was 3 – 2. Selectmen Coombs, Smallidge and Smith voted in favor of the motion, Selectmen Branch and Savage voted against it. The motion passed.
D. Letter from Great Harbor Maritime Museum Board of Directors concerning leaks in building Museum leases from Town.
Carl Kelley said the Museum does not have the money for repairs. It can’t raise the money because only one year is left on its contract with the Town. A bank wouldn’t lend the money even with a three year contract.
Chairman Savage did not see the Town putting money into the building and asked if the Museum could create an endowment for support of the structure if it had a long term lease. Mr. Kelley said they couldn’t do that without it.
Selectman Smith said it was a question of the greater good. He was inclined to believe that a long term lease would serve best the interests of the Town. Chairman Savage wondered if the Museum would be better served if it purchased the building.
Selectman Smith said there were 2 options to explore before the next Town meeting: a long term lease or selling the building with the right of first refusal to the Town. Selectmen agreed the Museum Board members should come back to the Board with a proposal. Chairman Savage asked Town Manager MacDonald to send a letter the Comprehensive Plan Committee and the Planning Board about the two options and ask for recommendations for the March 2006 Town Meeting by October 1st. Jim Clunan requested that a copy of the letter be sent to the Museum.
Town Manager MacDonald reminded the Board about commercial interest in the building a few years ago.
E.~~~~~~Harbor Drive resident request for resident only parking.
Town Manager MacDonald reviewed a letter to the Traffic Committee from Constance Clark and a memo from Police Chief Willis. He thought it unlikely that the Town could grant resident only parking on that road because it is state-owned. Ms Clark read a letter from Kathy and Steve McCoy suggesting a stiff fine for people who leave their cars parked for a long time on the road. She thought the parking situation has become more difficult because there are more people going out to the islands. Cars were parked on the road over the July 4th weekend for more than 5 days. Last year a car was parked there for three weeks. She noted other parts of town had 2 hour parking limits and wondered if that might be a possibility.
Chairman Savage noted the abuse of a privilege on the part of the parkers.
Selectman Coombs thought 2 or 3 hour parking might be the answer but that it would affect the residents on the road. Chairman Savage asked if no overnight parking could be a solution. Responding to Selectman Smallidge, Ms. Clark agreed the people parking for 4 or more days were the real problem. They prevented people working in town from parking there. Selectman Smallidge wanted a recommendation from the Traffic Committee. Ms Clark did not expect the problem to be solved this summer but said it would be nice to have a long term solution in place for next summer. Chairman Savage was sympathetic with the historic use of the road for resident parking and said the problem would be reviewed by the Traffic Committee.
F.~~~~~~Memo from Chief Willis on status of burglar alarm monitoring equipment removal from Dispatch
Town Manager MacDonald said someone was working on removing the final alarm last week. He suggested waiting until next week to prod the Alarm company.
IV. Selectmen Reports
Selectman Branch said she has had several complaints about odors from the Seal Harbor Treatment Plant. Some were near the fire station. One day last week the pumping station by the library was really bad.
V. Old Business
A. Approve wastewater treatment agreement with Acadia National Park and authorize Town Manager to sign agreement on behalf of the Town.
Town Manager MacDonald reviewed additional information about the agreement, saying the 18.3% of total costs of running the Otter Creek and Seal Harbor plants seemed the most reasonable figure for the Park’s fee.
MOTION: Selectman Smith moved to approve the agreement as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Set Rural Wastewater Support Program grant amount at $558.
MOTION: Selectman Smallidge moved to approve the above amount, seconded by Selectman Smith. The vote was unanimous in favor.
C.~~~~~~Surplus float disposal.
Chairman Savage recommended offering the two floats for sale for a minimum amount of $150 each for a two week period and letting whoever gives the Town the biggest price takes them.
MOTION: Selectman Coombs moved to set the minimum price at $150, accepting offers greater than that and, at the end of a two week period, awarding the floats to the people with the two highest offers, seconded by Selectman Branch. The vote was unanimous in favor.
D.~~~~~~Discuss Fire Chief replacement, consider less than full-time appointment.
Town Manager MacDonald said the Town Meeting that approved the position of fire chief envisioned it as being full time and funded it full time at the last Town Meeting. He said it would be hard to get someone to accept a 24/7 responsibility with a part time job.
Selectman Coombs was concerned about advertising nationwide and finding someone who would learn he could not afford to live here. He did not think a fire chief needed to be in the building 40 hours a week from 9-5. He would be putting in a considerable amount of time out of the office during other hours.
Acting Fire Chief Bender said because of training, meetings and emergency manager responsibilities, a full time chief is needed A fire chief who is not available for 24 hours a day would shift more of the burden back on to volunteers.
Selectman Smith thought the job should be full time and that the job description should be clear.
Chairman Savage was concerned that sometimes there was not enough for a fire chief to do.
COE Keene thought the fire chief could handle such tasks as new chimney and fireplace inspections and reviewing subdivisions. Finance Director Hamor agreed.
Selectman Smallidge saw a lot of problems that came about because of the amount of free time a previous fire chief had. If his job could be blended with other duties, he could support that.
MOTION: Selectman Smith moved to advertise for a full time fire chief as is currently approved by Town Meeting, with a codicil to review the job description, seconded by Selectman Branch. The vote was 4 – 1. Selectmen Branch, Coombs, Savage and Smith voted in favor of the motion Selectman Smallidge voted against it. The motion carried.
E.~~~~~~Approve Amendments to Traffic Ordinance See above approval
F.~~~~~~Consider Special Town Meeting to approve additional funding for town-wide property re-evaluation
Town Manager MacDonald said an additional $77,100 would be needed for Vision to complete the reevaluation.
MOTION: Selectman Smallidge moved to hold a special town meeting on November 7, 2005, for at least a minimum of one article to appropriate $77,100 to complete the reevaluation of the Town, seconded by Selectman Smith. The vote was unanimous in favor.
G. Solicit volunteers for White Tailed Deer Management Plan Committee
Selectman Smallidge thought it would be a good idea to ask for Park input. He thought the only voting members should be the residents. The purpose would be to make a recommendation based on fact gathering and then to hold public hearings.
Chairman Savage said the committee should be charged with the responsibility to see the project through to completion, making a presentation acceptable for the Town Warrant.
Town Manager MacDonald asked if the committee should be limited to 5 members and how they would be selected. Selectman Coombs suggested taking the first 5 applicants.
MOTION: Selectman Smallidge moved to form a committee for the above made up of 5 to 7 volunteers, an Inland Fisheries and Wildlife biologist, a member of the Maine Bow Hunters Association and a Park representative, if they want one, seconded by Selectman Coombs. The vote was unanimous in favor.
VI. New Business
A.~~~~~~Approve Smoking and Smokeless Tobacco policy.
MOTION: Selectman Smith moved to approve the above policy, seconded by Chairman Savage. The vote was unanimous in favor.
B. Cast Ballot for Maine Municipal Association Annual Election
MOTION: Chairman Savage moved to direct Town Manager MacDonald to cast the above ballot, seconded by Selectman Smallidge. The vote was unanimous in favor.
VII. General Issues
A.~~~~~~Discuss citizen request to construct sidewalk on Neighborhood Rd.
Town Manager MacDonald said he suggested to Alan Joseph that he come forward with a plan with Public Works Director Smith and a warrant article for the 2006 Town Meeting.
Chairman Savage said the Board would entertain a proposal for a sidewalk on the Warrant.
B.~~~~~~Boat trailer parking in tennis court parking lot.
Chairman Savage said two vehicles with a boat trailer recently took up 5 – 6 spaces. He wanted the Board to clarify what is acceptable. Selectman Smith suggested drafting an ordinance so that any regulation could be enforced. Town Manager MacDonald will draft an ordinance which would ban trailer parking in the horseshoe lot, the fishermen’s lot and the slip rental lot. One vehicle shall occupy only one parking spot.
Town Manager MacDonald said the State has mandated a new IFW MOSES boat registration system. The process which previously took 3 to 4 minutes will now take 10 to 15 minutes. In order for Kim Parady to train the staff, the office will need to be closed completely between 1 PM and 4:30 PM this coming Thursday. A discussion followed about the cost of registering boats for Cranberry Island residents.
MOTION: Selectman Coombs moved that Cranberry Island be notified that as of October 15, 2005, the Town of Mount Desert will no longer process their boat registrations, seconded by Selectman Smith. The vote was unanimous in favor.
VII. Other Business
IX.Treasurer’s Warrants
Approve Treasurer’s Warrant # 63 for $983.61, # 65 for 772,29, and # 66 for $307,404.86.
Signed as presented.
X Executive Session
None requested
At 8:41 PM, Selectman Smith moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
The next regularly scheduled meeting is Monday, August 15, 2005 at 6:30 P.M. in the Community Room, Seal Harbor Fire Station, Seal Harbor.
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