Board of Selectmen Meeting, April 5, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 5, 2004
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: Ernest Coombs, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, Harbor Master Will Boddy, Finance Director Michael Chammings, Code Enforcement Officer Brent Hamor, Fire Chief Chris Farley, Recording Secretary Ellen Kappes and members of the public.
Call to order.
Acting Chairman Smallidge called the meeting to order at 6:30 p.m.
Minutes
A.~~~~~~Approval of minutes of Regular Meeting of March 15, 2004.
Chairman Smallidge said the first line of General Issues on page 4 should read Otter Creek Fire Station, not Otter Creek Fire Chief Farley Station.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of March 15, 2004 as corrected, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve annual appointments per attached list
Town Manager MacDonald said the Town Clerk provided him with a substantial list and with certificates of appointment for the voter registration and ballot clerks, all employee and board appointments and mandatory officers. The Selectmen would need to sign the certificates after the meeting. There are vacancies in some of the committees and boards. Asked by Selectman Smith if there had been any good bites, Town Manager MacDonald said there were none.
MOTION: Selectman Smith moved to approve the annual appointments as presented by the Town Clerk, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Appoint Edith D. Crowley to Comprehensive Planning Committee.
Town Manager MacDonald noted the above committee is looking for people.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
Break for Public Hearing, Liquor License Application, Mark Reece (DBA Colonel's Restaurant)
At 6:35, Chairman Smallidge recessed the Board of Selectmen’s meeting to break for the Public Hearing on the above liquor license application for Winter Spring Inc., the Colonel’s Restaurant.
There were no comments.
MOTION: Selectman Smith moved to close the Public Hearing, seconded by Selectman Coombs. The vote was unanimous in favor.
At 6:36 Chairman Smallidge brought the Board of Selectmen meeting out of the Public Hearing.
C.~~~~~~Re-appointment Paul Richardson to Acadia National Park Advisory Commission.
Selectman Smith noted that this Town now only has one member on the commission.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Receive application from Edith D. Crowley and Mary "Lisa" Renault for appointment to Planning Board. ~Planning Board currently has full complement of five members and two alternates.
Town Manager MacDonald said the Board had placed previous applications on file for review in future openings. This is a similar situation. Edie Crowley said she withdrew her application for the Planning Board last week.
E.~~~~~~Appoint representative to Hancock County Expenditures Evaluation Committee
Chairman Smallidge said the request from the Hancock County Commissioners is a result of the Town of Mt. Desert’s response to regionalization. Basically it told the County, the Commissioners and the Governor to mind their own business and that we would be much better off reviewing county expenditures. He was looking for a volunteer.
Edie Crowley volunteered.
MOTION: Selectman Smallidge moved to nominate Edie Crowley to serve as the Town’s delegate to the Hancock County Expenditures Evaluation Committee, seconded by Selectman Coombs. The vote was unanimous in favor.
Selectman Smallidge said it is very important to find out the cost effectiveness of the County and thanked Mrs. Crowley for volunteering.
F.~~~~~~Confirm appointment of Michael Condon as Wastewater Treatment Plant Laborer at probationary
rate of $11.65 per hour, increasing to $12.00 per hour after successful completion of six-month (6) probationary period.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
Break for Public Hearing:~6:40 P M Sewer Ordinance Connection Fees
At 6:40 Chairman Smallidge temporarily adjourned the Selectmen’s meeting and opened the above public hearing.
Selectman Coombs said it is appropriate for the Town to charge fees for new connections and that the amounts are reasonable. Selectman Smith said he is all for affordable housing and that he does not think this would change the character of it. Selectman Coombs said if the Town were involved in affordable housing and it was necessary to waive the fee, the Town could do it. Selectman Smith thought expansion would be on the west side of the Sound and not on sewers anyway.
Edie Crowley thought it would be dangerous to compare the Town of Mount Desert to other towns because this Town pays for the sewer operating expenses with the tax base. Additional fees are unnecessary; the increase is extreme, she said. The $100 about covers the expense of the technical things that have to happen.
Ted Bromage read a letter that Robert Cawley had sent the Selectmen urging them to adopt the proposed sewer user connection fees with at least $1,000 per single family residence. Mr. Bromage thought he made some good points. He added that if 10 homes were built in this Town anywhere adjacent to sewers, he could guarantee that 9 out of 10 of those will be more than one or two bedroom. If they do that, the Town must design its systems to handle the largest capacities that each facility could produce. The larger the facility, the more they should be paying for a connection fee. The Town has some real expenditures ahead for capital equipment. Each new connection will require more capital equipment. The Town should recoup in proportion to the amount of anticipated uses coming out of any facility that is
coming on the street.
George Peckham said those on septic systems are still helping to finance the sewer system. $1,000 is damn cheap.
Bob Smallidge said it is appropriate to charge in the range of $1,000 or more. The sewer people are subsidized by the tax base and should pay their own connection fees
Gerard Haraden agreed with the last three speakers. Putting everything on general taxation has got to stop somehow. People have to pay their own way proportionate to the load they’re putting on the sewer plants.
Jim Bright said the Town should look at all its fee structures. The $100 fee has probably been in there for 30 years.
Kathy Branch, who had handed Selectmen a letter, said she thought that the way the sewer ordinance was proposed at Town Meeting was based on a very antiquated system of a bedroom count and that was why the sewer user fee was so widely rebutted by the public. Looking at a sewer connection fee based on that same antiquated system is ridiculous, she said. It should be based on square footage or property valuations or a set fee. She said Brent Hamor told her recently that the Town’s current fees collected in 2002 covered approximately 40% of the budgeted figure, meaning the rest of the burden is placed on those not using the system. She thought that a 70% minimum should be recouped through fees. Chairman Smallidge asked her if she would levy this fee not only on a sewer connection but also on the
septic systems since they too would have to be inspected. She said yes. Ted Bromage noted the difference between the two would be in the significant future obligations that the municipal plant would incur to increase the capacity.
Kathy Branch confirmed with Public Works Director Smith her understanding that the Otter Creek/Seal Harbor renovation is being built to capacity to encompass future growth in Seal Harbor and Otter Creek.
Selectman Coombs said there is no question that the sewer system was built to take into consideration the people who use it three months out of the year. The Town doesn’t need the system it has for the 2,000 people here during the majority of the year. It has to accommodate houses with 10 or 14 bathrooms. It is not unreasonable to expect those people to pay to hook up.
MOTION: Selectman Coombs moved to close the Public Hearing, seconded by Selectman Smith. The vote was unanimous in favor.
At 6:51 pm, Chairman Smallidge announced the Public Hearing was closed. He reconvened the Selectmen’s meeting.
G.~~~~~~Acknowledge copy of letter from Bar Harbor Town Manager Dana Reed responding to Hancock Count Commissioner's "pilot project" proposal.
Chairman Smallidge said Bar Harbor agrees with this Town that any regionalization has to be at the behest of the towns and in the control of the towns. He read part of the above letter.
H.~~~~~~Acknowledge receipt of notice of Submerged Land Permit application from Hallet Johnson Jr. (Pretty Marsh Associates)
Town Manager MacDonald said Harbor Master Boddy has not indicated any concerns with the above application.
I.~~~~~~Acknowledge receipt of notice of Traffic Committee meeting minutes of 2-4-2004.
No action was required.
IV. Consent Agenda
A.~~~~~~Approve Liquor license application for Winter Spring Inc. (Mark Reece, Stephanie Kelley-Reece), DBA Colonel's Restaurant.
B.~~~~~~Approve Liquor license application for AstiKim Corporation, DBA Asticou Inn.
C.~~~~~~Approve Liquor license application for Stanley Enterprises Inc. DBA Abel's Lobster Pound
D.~~~~~~Sign Annual Dog Warrant.
MOTION: Selectman Smith moved to approve the Consent Agenda, seconded by Selectman Coombs. The vote was unanimous in favor.
V. Selectmen Reports
Chairman Smallidge said the Hancock County Commissioners, Governor Baldacci and Dennis Damon don’t seem to be paying attention to the resistance to regionalization. Figures will be needed to determine to actual ratio between the values of services the County gives the Town and the appropriation that the Town sends to the County. He predicted that any service taken from the local municipality will be funded through the property tax base and that this Town will end up paying an ever greater share of the services without having a vote on the matter. He will ask for a committee in two weeks to look into the issue.
Asked by George Peckham when the Board intends to pass judgment on the sewer entrance fee, Chairman Smallidge said it would do so at the April 19 meeting.
George Peckham said the only benefit the Town gets from the County is the court process and the airport. He thought it would be extremely difficult for anybody to come up with a realistic figure of what the Town gets in a monetary sense from those two facilities.
Fire Chief Farley said the Town receives a huge amount from the County Firefighters’ Association.
VI. Old Business
A.~~~~~~Solicit volunteers for Boards and Committees (3 members Board of Assessment Review, 2 members Zoning Board of Appeals, 2 members of Investment Committee)
Town Manager MacDonald said he will post the vacancies on the website and, if necessary, advertise in the newspapers. The Investment Committee just had resignations from two long-term members, Harry Madeira and Dennis Carr, leaving significant voids in that Committee. He publicly thanked them for their service. He wanted anyone knowing someone with expertise in that field to ask that person to come forward and make application.
B.~~~~~~Set date for Fire Station inspection
The Board set the date for inspecting the fire stations with Fire Chief Farley for April 18 at 2:00 pm. Selectman Smith said he would be out of town then. Asked by Fire Chief Farley about Selectmen’s expectations, Chairman Smallidge said they want an overall picture of problems so they can start looking ahead. Ted Bromage was concerned that the other two Selectmen might not be able to make the inspection.
I. New Business
A.~~~~~~Authorize Town Manager to sign contract with Planning Decisions to provide consultant services to Town of Mount Desert Comprehensive Planning Committee.
Town Manager MacDonald said the Planning Board would like to hire a consultant. Authorization to spend the money was needed. Selectman Coombs asked how much money would be spent. Edie Crowley did not know the figure but thought money was set aside for it. Finance Director Chammings said the Town drew down 33% of a grant it received last year for the plan. He was not sure if the Town would be able to carry the funds forward if new legislation is passed. The Town may have to spend down some $9,000 in its account quickly. Selectman Smith wondered if a ball park figure were available. The item was tabled while Code Enforcement Officer Hamor left to find the figures.
B.~~~~~~Respond to request from Union Church to use the Northeast Harbor Village Green to hold a picnic on July 15, 2004.
This item had been withdrawn.
C.~~~~~~Award Tax Anticipation Bond Borrowing, (bids to be opened 10:00 AM, Monday, April 5, 2004)
Finance Director Chammings recommended awarding the bid to First National Bank at 1.05%.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
Finance Director Chammings said another meeting would not be needed after the paperwork is completed.
VIII. General Issues
A.~~~~~~Authorize PW Director Smith to comment to ME DEP on proposed Old Town Landfill.
Public Works Director Smith wanted authorization for a letter he had written urging approval of use of the Old Town Landfill for ash disposal. The Town would be looking at substantial cost increases if the use is not approved.
MOTION: Selectman Smith moved to authorize the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Discuss with PW Director Smith modifying Apex lay-down site for Seal Harbor Project.
Public Works Director Smith said he had met with Mike Blaney from the National Park Service because the lot the Town was considering behind the Seal Harbor store for use as a lay-down storage area abuts the Park. He said it made sense to flip/flop the two locations in question, to put as much snow on the upper site and let the contractor use the one down below. He requested authorization to use his discretion to use the upper site for snow dumping next winter.
Responding to Town Manager MacDonald, Public Works Director Smith said there would probably not be any remaining parking places in the lower lot. He plans to restrict the contractor initially to one-half the area.
MOTION: Selectman Smith moved to give Public Works Director Smith the discretion to modify the site, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Authorize Great Harbor Museum to replace front door on building as indicated in message from Museum Board member Carl Kelley.
Carl Kelley explained the modifications planned for the Museum building and grounds.
MOTION: Selectman Coombs moved to authorization the Museum to make any improvements they can to the building according to their lease, seconded by Selectman Smith. The vote was unanimous in favor.
Chairman Smallidge returned to Item A. under New Business. Code Enforcement Officer Hamor said the cost for the consultant would be $19,500. Edie Crowley said the grant is for $22,000, if the Town can keep it. Code Enforcement Officer Hamor said the Town has appropriated $9,000.
MOTION: Selectman Smith moved to authorize the Town Manager to sign a contract with Planning Decisions for an amount not to exceed $19,500 for consultant services to the Comprehensive Planning Committee, seconded by Selectman Coombs. The vote was unanimous in favor.
Referring to the tax anticipation bond borrowing, George Peckham said this is another argument for changing the fiscal year.
Jim Bright said the sweeping of Main Street in Northeast Harbor seems to run up about a decent sized bill and suggested continuing the winter ban on overnight parking there. People living in apartments there can park in back or in the municipal lot behind the fire station. Police Chief Willis said he and Police Chief Willis had discussed this issue last week. The Traffic Ordinance Committee has pages of suggestions, among them an extension of the ban for two extra weeks, until April 15. It will be discussed at its next meeting.
Town Manager MacDonald believed last year Main Street was changed to one-way the same weekend as the time change. Public Works Director Smith said the signs still need to be changed but that the crew was otherwise tied up during the past two days. (with snow)
Chairman Smallidge asked Mr. Bright if he was referring to the part of the budget for paying a person to go around with a hand broom. He believed that Selectman Pascal-Damon suggested four or five meetings ago that each business takes care of its own sidewalk. Public Works Director Smith said the two weeks extension for Main Street was self-serving to give his crew time for a major sweeping in the spring. Responding to Chairman Smallidge, Police Chief Willis said his committee would provide a formal suggestion.
IX. Other Business
A. Assessor John Brushwein short PowerPoint presentation on status of re-valuation.
Assessor Brushwein said he is behind schedule because the person hired last summer quit after two weeks leaving him alone doing data collections. The Town of Mount Desert has 50 square miles, 2400 parcels, and 2280 principal structures. Some properties have multiple structures on them. The current total valuation for 2003 is $680 million. The projected 2005 value is $1.2 billion. Pointing to maps, he said everything to the west of the Sound and the upper end of Sargeant Drive to the traffic light was done as of the beginning of this year amounting. The second phase of the data collection will begin in May. As of this date, 90% of the digital photographs of all principal structure have been taken. He reviewed the details of new property cards which will also provide improvement
value on properties not on Town sewers and not on Town water. Responding to Gerard Haraden, he said he expected the value for septic systems will be based on average costs.
The valuation is currently on hold while he works on getting this year’s tax bills out. They will be ready to be sent out in mid-May.
One time-consuming problem is the use by the Town of essentially three computer systems data entry in all of them. The program as originally set up was to have the assessment ready for revaluation by 2005. That is still the plan however; it is unlikely the Town will be ready to send out notices this August while summer people are still here for hearings.
Gerard Haraden said one of the best checks on Assessor Brushwein’s work would be the availability of everything to everybody in printed copies. He asked why that can’t be done. Assessor Brushwein said it could be discussed and that the information will be available on the web site. Mr. Haraden thought the information would not be quite as open on the web site.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 7:44 Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor.
Respectfully submitted,
Jeff Smith
Secretary
| 
