Board of Selectmen Meeting, May 17, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 17, 2004
A meeting of the Board of Selectmen was held this date in the Somesville Fire Station Community Room, Somesville, Maine.
Those present included: Chairman Rick Savage, Ernest Coombs, Emily Damon Pascal, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Finance Director Michael Chammings, Recording Secretary Ellen Kappes & members of the public.
Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
Board approved taking item VIII out of order
VIII. General Issues
A.~~~~~~Mark Lamberton from Bangor Hydro Electric to discuss BHE trimming of ROW.
MOTION: Selectman Smith moved to change the order of business because Mark Lamberton was present, seconded by Selectman Coombs. The vote was unanimous in favor.
Town Manager MacDonald had asked Mr. Lamberton to attend in order to give the Board the opportunity to ask Bangor Hydro about any concerns regarding areas in town.
Mr. Lamberton explained they had started a standard clearing operation on all major roads in Pretty Marsh, Hall Quarry, Indian Point Road and side roads as part of a 7 to 8 year cycle. The area has been neglected over the years and the wood line has encroached significantly. Responding to Chairman Savage, Mr. Lamberton said these plans were not connected to the widening of Pond Hill on Route 198 in Northeast Harbor. Responding to Town Manager MacDonald, he confirmed that it was standard practice to chip up all the slash and leave the trunk portions of the trees. The chips are blown to the side when possible. Selectman Coombs noted Ken Poors’s concern about the chips filling up the ditches. Mr. Lamberton said they could blow it into the woods. Chairman Savage questioned the policy of allowing
trees to grow so large that 14” trunks would be left. Mr. Lamberton said they are also removing danger trees on the edge. The trunks belong to the adjacent property owners. Bangor Hydro does not have a means of getting rid of the wood. The trunks that were left on Route 198 are being removed by Bangor Hydro as part of their agreement with the Town.
The discussion was for informational purposes only.
Chairman Savage returned the meeting to its regular schedule.
Minutes
A. Approval of minutes of Regular Meeting of May 3, 2004.
Selectman Damon Pascal noted the omission of the word talked on line 42 of page 2.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of May 3, 2004 as amended, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
6:40 PM~Public Hearing ~Special Amusement Permit – Asti-Kim Corp. DBA Asticou Inn
Town Manager MacDonald said the application had been filled out satisfactorily.
At 6:42 PM, Chairman Savage closed the Public Hearing.
III. Appointments and Communications
A.~~~~~~Accept with regret, resignation of James Robinson from Ordinance Review Committee and ~~~~~~~~Comprehensive Plan Committee.
Chairman Savage instructed Town Manager MacDonald to send Mr. Robinson a letter of thanks for his hard work on the committees. No other action was required.
B.~~~~~~Approve appointment of James Bright to Board of Assessment Review.
Selectman Damon Pascal said although she was not singling out Mr. Bright, she has noted that several applications have come through that had not been completely filled out. She thought they should be handed back to the applicant for completion because the papers go on file as public records. Selectman Smallidge and Selectman Coombs thought this was a good idea.
MOTION: Selectman Smallidge moved to send James Bright’s application back for completion, seconded by Selectman Coombs. The vote was unanimous in favor.
Chairman Savage directed Town Manager MacDonald to tell Mr. Bright there was no opposition to his appointment to the board.
C.~~~~~~Approve appointment of Jerome Suminsby to Comprehensive Plan Committee.
MOTION: Selectman Damon Pascal moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
D. Confirm appointment of Keith Saunders as Harbor Season Law Enforcement, effective June 1, 2004~at an hourly rate of $11.00.
MOTION: Selectman Damon Pascal moved to approve the above appointment, seconded by Selectman Smallidge.
E.~~~~~~Municipal Review Committee quarterly notice of $5,771.06 performance credit.
Town Manager MacDonald said the Town pays the committee which then rebates it $45 per ton for disposal costs. This is one way of leveling out solid waste costs.
F.~~~~~~Maine Emergency Management Agency severe storm disaster assistance of $10,271.33.
Town Manager MacDonald said this goes into the general fund. Chairman Savage acknowledged that the Town would not have received anything without the efforts of Public Works Director Smith, Ken Poors and Finance Director Chammings.
G.~~~~~~Department Head Reports For informational purposes
Noting that Public Works Director Smith is negotiating with the DOT for salt brine, Selectman Smallidge wondered if the State will make any effort to reimburse the Town for a salt shed. Public Works Director Smith said the Town is not required to use salt brine. He would be happy to have the shed even if the Town were no longer to use salt.
Finance Director Chammings said he is still preparing a presentation for the Board about flipping the pay periods.
H.~~~~~~Nominate Community Leader to Maine Criminal Justice Academy Job & Task Analysis.
Town Manager MacDonald recommended that Robert Pyle be asked to respond to the survey. The Board directed him to do contact Mr. Pyle. Kathy Branch suggested Ed Mandell if Mr. Pyle does not want to do it.
I.~~~~~~Acknowledge receipt of Planning Board minutes of April 4, 2004 and April 26, 2004.
No action required.
Because it was not yet 7:00 PM, the time scheduled for the second public hearing, Selectman Damon Pascal thought the Board might consider recreating the agenda to meet its needs. Chairman Savage said it is awkward to hold a public hearing and then remember to vote on the subject 25 minutes later. He agreed with Selectman Damon Pascal and suggested that Town Manager MacDonald review the format. Selectman Coombs saw no reason not to have a public hearing and then vote.
7:00 PM~Public Hearing ~Special Amusement Permit – Harbor View Corp. DBA Main Sail Restaurant~~~~~~~~~~~~~~
MOTION: Selectman Damon Pascal moved to open the public hearing for Harbor View Corp, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: Selectman Coombs moved to close the public hearing, seconded by Selectman Smallidge. The vote was unanimous in favor.
IV. Consent Agenda
A.~~~~~~Approve Special Amusement Permit for Harborview Corporation DBA Mainsail Restaurant.
B.~~~~~~Approve Special Amusement Permit for Asti-Kim Corporation DBA Asticou Inn.
C.~~~~~~Approve Liquor License for Elmer L. Beal Jr., and B Allison Martin DBA Burning Tree Restaurant.
MOTION: Selectman Damon Pascal moved to approve the above items A, B & C under the Consent Agenda, seconded by Selectman Smallidge. The vote was unanimous in favor.
V. Selectmen Reports
None
VI. Old Business
None
VII. New Business
A. Review park bench needs and specifications for NEH village green.
Chairman Savage said Town Manager MacDonald had done a nice job gathering information on park benches. There had been interest from the business community about them.
Town Manager MacDonald recommended a 6 foot recycled plastic bench at $265 each. He had seen some in Boston that weekend. The recycled plastic benches provide a market for some of the recyclables that the Town collects and require minimal maintenance. Selectman Smallidge asked if any benches were made in Maine. Town Manager MacDonald said the closest outfit is in Massachusetts.
The Board discussed ways of funding the benches. They directed Town Manager MacDonald to look into various contingency funds and contact the Northeast Harbor and Seal Harbor Village Improvement Societies before the next regularly scheduled meeting. Chairman Savage wanted to have the benches by July 4th. Board members agreed plastic would be a good idea. Town Manager MacDonald said the benches at the harbor are in bad condition.
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Town Manager MacDonald suggested the Board hold a special meeting before the next regularly scheduled one because Finance Director Chammings had told him bills must be submitted to the State revolving loan fund at the DEP in order to make contract payments on the sewer projects. The three week delay between this meeting and the first June meeting will take the Town beyond the 30 day time period when the contractors were told they would be paid. Finance Director Chammings described the involved approval process for a bill.
MOTION: Selectman Smith moved to hold a special one-item Selectmen meeting on Thursday, May 27 at 5:00 PM. in order to pay the bills on time, seconded by Selectman Smallidge. The vote was unanimous in favor. Announcement of the meeting will be put on the web site.
B.~~~~~~Review sewer user fees for non-residents connected to system.
Town Manager MacDonald said one Bar Harbor resident is connected to the Town’s sewer system in Otter Creek. He is past due on his payments. Finance Director Chammings has requested permission to take him to Small Claims Court. Also the amount being charged, $250.50 per year has remained unchanged for a considerable amount of time. Since the resident has been avoiding a significant septic system expense, Town Manager MacDonald suggested charging him the amount being rebated to Town residents with septic systems.
MOTION: Selectman Smallidge moved to pursue taking the resident to Small Claims Court for the past due balance, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
Chairman Savage noted the second request was to change the fee to meet the standard fee for the Rural Waste Water Support Program. Selectman Smallidge thought it would be more accurate to access them the portion of their property taxes that coincides with the amount it takes the Town to support its sewer system. Chairman Savage noted the resident does not pay Mount Desert taxes. The Board discussed a possible new charge with Town Manager MacDonald and Bob Smallidge. Selectman Coombs thought a $543 fee would be fair. Chairman Savage said that figure was a calculation based on amortization of a sewer system. Public Works Director Smith said it would be more like $1,500 if put on that basis. Chairman Savage thought $543 was reasonable for this year and suggested reviewing the case on an annual basis.
MOTION: Selectman Damon Pascal moved to set a new fee based on the Rural Waste Water Support Program grant, seconded by Selectman Coombs. The vote was 4 to 1. Selectmen Coombs, Damon Pascal, Savage and Smith voted in favor; Selectman Smallidge voted against the motion. The motion carried.
VIII. General Issues
B. Town acquires title to property because of Sylvia McKay’s passing, consider consolidating with two adjacent town-owned parcels and offer for sale.
Chairman Savage said 20 years ago Ms. McKay was allowed to stay there in lieu of taxes while turning the deed over to the Town. Town Manager MacDonald said the combined property, Lots 79 and 78 on Map 10 are 1.39 acres in R1 Zoning. He said Sharon Gilley suggested that the Town consider giving the lots to Habitat for Humanity for low income housing. Town Manager MacDonald suggested giving it to the Mount Desert Trust for work force housing. He mentioned the possibility of swapping Lot 81 owned by the Town with Lot 80 owned by William and Michael Carroll. Chairman Savage said any decision would require action at Town Meeting. Selectman Damon Pascal thought the Town should retain the land but wondered if the Town Comprehensive Planning Committee should be involved. Town
Manager MacDonald said the Town has clear title to the property but shouldn’t just let it go idle. Other Town property in the area, including the Ripples lot, was mentioned. Discussion followed about making the properties available for work force housing. Chairman Savage suggested taking no action at this time and said the Comprehensive Planning Committee could be notified about the lots but not required to take action. He said this Board had no authority to make any deals and could not make a decision that night.
C. Discuss surveillance cameras at NEH marina.
The Board and Town Manager MacDonald discussed the need for surveillance cameras at the NEH marina and dumpster areas. Many different kinds of cameras are available. Selectman Smallidge thought the surveillance could cut down on disposal costs of some of the waste oil that gets dumped there. Chairman Savage wanted to get recommendations from Harbor Master Boddy for the marina area and from Public Works Director Smith for the dumpster area. Budgeting for the cameras was discussed.
IX. Other Business
Finance Director Chammings said a gentleman from the State assisted with the forms, thereby helping the Town get a lot more money from the Maine Emergency Management Agency. He wanted a letter of appreciation sent.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 8:42PM Selectman Coombs moved to adjourn the meeting, seconded by Selectman Damon Pascal. The vote was unanimous in favor
Respectfully submitted,
Jeff Smith
Secretary
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