Board of Selectmen Meeting, April 19, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 19, 2004
A meeting of the Board of Selectmen was held this date in the Seal Harbor Fire Station Community
Room, Seal Harbor, Maine.
Those present included: Chairman Rick Savage, Ernest Coombs, Patrick Smallidge; Town Manager Michael MacDonald; Public Works Director Tony Smith; 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 5, 2004.
Chairman Savage said that he was not at the meeting and could not vote on the minutes. Town Manager MacDonald said there was no sense discussing the minutes because three affirmative votes are needed to approve them. The minutes were tabled until the next regular meeting.
III. Appointments and Communications
A.~~~~~~Approve appointment of Kerry Taylor as Mooring Agent.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Confirm appointment of Arthur Pettegrow as Refuse Driver/Laborer, effective April 20, 2004 at a probationary hourly rate of $11.07, increasing to $$12.00 after successful completion of six-month probationary period.
MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
Responding to Chairman Savage, Public Works Director Smith said he now has a full crew.
C.~~~~~~Acknowledge receipt of Town of Tremont letter to Hancock County Commissioners.
No action was required. Chairman Savage noted that this is not the only town concerned about the billing aspect. He asked how the Board should pursue it. Town Manager MacDonald said a change would take an act of the legislature. Chairman Savage asked if the Board could instigate something like that. Town Manager MacDonald said he could ask our representatives.
Selectman Smallidge said he had someone who could write them. He said he called MMA last week. They’ve backed off on regionalization. But what they propose to do with LD 1930 is to create an intergovernmental advisory group. He questioned the need for that. He read what the bill would do. He said it would also authorize the County Commissioners to initiate a charter commission and would authorize a county that adopts a charter to develop its own budget process. He said if you’re developing your own budget process, you’d have a chance to develop your own appropriations. There is the opportunity to shift from the property tax base to some other form of appropriation. Edie Dunham will review the county programs and cost comparisons. He wants a committee
in Mount Desert to evaluate what it gets in return for its appropriation. He apologized for not being prepared with a committee yet.
IV. Consent Agenda
None
V. Selectmen Reports
Chairman Savage had emailed to Town Manager MacDonald his report on Selectmen’s April 18 tour of the fire stations and his resulting recommendations. He said some action will be needed on the Otter Creek issue and the Northeast Harbor building. He reiterated his request for removal of the storage tank from behind the Somesville Fire Station. Public Works Director Smith said his department will cut it up and get rid of it. Selectman Coombs said he has some thoughts but will voice them when the Board takes the matter up another time. Town Manager MacDonald will put the matter on the May 3 meeting agenda. Chairman Savage wanted to wait until there is a full complement of Selectmen and until the general public has a chance to be aware of their interests. Selectman
Smallidge agreed for the most part with Chairman Savage’s recommendations even though, he said, some are hard to swallow.
VI. Old Business
A.~~~~~~Set Sewer Connection Fee
Town Manager MacDonald referred to a summary of sewer connection fees from Olver Associates included in Selectmen’s packet. The fees from other towns range from $30 to $2700. He asked how much the community wants to recover on a new connection for the infrastructure that’s already in place and at capacity. The new construction is consuming and taking away from the Town’s reserve. He said that 123 plus bedrooms were added to the system during the last 4 years. Using the current fee schedule, the Town has collected $2,800 for them. If the Selectmen decided to use a connection fee based on a minimum number, for example, $200 plus $4.25 per gallon in excess of 270 gallons of demand, the total number would have been $22,770 in fees. He believed a variable should be imposed after a set
minimum. If a person has the means to put in an 11 bedroom place, he ought to have the means to pay for that capacity that they are removing from the Town’s reserve. The ultimate decision will be the Board’s.
Chairman Savage noted that only three Selectmen were present and suggested waiting for a full Board. Selectman Coombs thought the entire Board should make the decision. Chairman Savage agreed but he did think the fee should be discussed that night. He thought the fee has been artificially low. He was thinking of a fee for up to a 3 bedroom house of a minimum of $1,000 and then $500 per bedroom after that.
Town Manager MacDonald said the fee must be set on a per gallon basis. The above suggestion would mean increasing the per gallon figure to $5.50 per gallon. Chairman Savage said he is trying to recognize the fact that a bigger than three bedroom house is more of a luxury item.
Town Manager MacDonald would like to be able to compare the present system, the extreme and the average so that Selectmen can see the range of possibilities.
Selectman Smallidge said being that the sewer system is funded on the property tax basis and seemed to be at odds with the septic systems and all of sudden the fees would be set up at gallons per day. He would like to see the fee for smaller housing projects set just as low as it would go. Referring to the three bedroom homes being built opposite the Kimball Terrace Inn, he said even if only $100 were collected, the Town would turn around and collect a lot on the property taxes.
Selectman Coombs said, in the case of affordable housing, that he didn’t care if the Town doesn’t collect any fee, if it waives the fee. When someone builds a $20 million home, he can afford a sewer connection fee.
Selectman Smallidge thought since homes on sewers and on septic systems are now both are part of the property tax base, perhaps septic systems should be also addressed in the same mode of trying to keep costs as low as possible for affordable housing. The Town can do the same for septic systems on the theory that the larger home has a greater impact on the environment.
Bob Smallidge did not see any rationale for including septic systems in a waiver plan for affordable housing. He asked what the fee is supposed to recover. If it is for the system already in place, then it should be paid.
Kathy Branch said it will take the Code Enforcement Officer the same amount of work and time to inspect both sewer and septic connections. She thought the fee should be based on the actual property square footage. Gallons per day should not be a consideration.
Town Manager MacDonald thought two things were being confused. One is the recovery of the administrative costs of doing the inspections and the other one is repaying the Town for the consumption of the Town’s reserve capacity in the treatment plants. The latter is what would need a gallons per day fee set up.
Bob Smallidge thought the question of what the town is trying to recover should be clearly defined. If Selectmen are talking about paying for what is already there, the septic systems should not be included.
Selectman Coombs it seems the sewer system is impacted every time five bedrooms are added. That is what the Town should be recovering. Probably the inspection fee is already covered.
Chairman Savage asked Town Manager MacDonald to send Board members a worksheet memo giving possible ranges for fees by Wednesday of next week to enable them to work on the issue.
B.~~~~~~Authorize release of $30,000 from Boat Reserve to purchase Harbor Master Boat. ~(Reserve balance = $30,000)
MOTION: Selectman Smallidge moved to authorize the above, seconded by Selectman Coombs. The vote was unanimous in favor.
C. Consultant Philip Curtis from Maine Department of Transportation gave a presentation on the new salt priority winter road maintenance option. He handed out printed information and reviewed the successful 1999 – 2000 experiment on the interstate. He said towns that have tried this system have found their spring clean up costs are significantly less. The State has made the necessary changes in equipment and operational procedures to enable it to switch to primarily salt. He said use of salt is less expensive than sand. Municipalities need to recognize that the cost of sand has to be considered all inclusive, not only just buying and stockpiling but also what happens to it afterwards. The best efforts during spring clean up result in picking up maybe 20 to 25% of the sand. The rest of
it has made its way into culverts, ditches, storm drain systems, sewer treatment systems or normal runoff. The DOT has seen algae bloom in ponds and lakes from the phosphates being dumped into them
Chairman Savage asked if all municipalities are being encouraged to join the program. Mr. Curtis said the DOT has put on seminars for them and continually shares information. He said the conversion has the Department of Environmental Protection’s blessing because the amount of salt being used is not increasing and the amount of sand is decreasing.
Responding to Selectman Smallidge, he said use of salt takes less man hours during and following a storm. Overtime hours are fewer because the crew is not chasing the storm. Once the storm is over, within a few hours, the road is bare. The state is hoping to reduce some of its manpower. Probably municipalities would not decrease their personnel.
Responding to Selectman Smallidge, Mr. Curtis said the algae bloom had not yet disappeared, one reason being that upstream from ponds, sometimes ditches and culverts feed into the water.
Public Works Director Smith said his department would like to use salt on the in town roads in Northeast Harbor and the local roads in Seal Harbor and Otter Creek next year. He hoped to have costs and better descriptions for the next Selectmen’s meeting.
Responding to Bob Smallidge, Mr. Curtis said the phosphates come from the sand, the fine silt being washed down.
D. Annette Russell presented a request for use of the Green in Northeast Harbor for a Big Brothers Big Sisters 100th Anniversary Wine and Swing Classic preferably on Saturday, August 14 from 5:30 to midnight. August 28 would be a second choice. The event has outgrown the Neighborhood House where it was previously held.
Chairman Savage was initially concerned that at 5:00 p.m., the area is still quite full of traffic.
August 14 is on the busiest weekend of the year. There would be a dramatic drop by August 28. Accommodating 250 to 300 automobiles at 5:00 in the afternoon would be difficult. Selectman Smallidge said it would be difficult to get any parking space there. Chairman Savage said the Board would have to consider the parking problem. Selectman Coombs suggested bringing people in from alternate parking areas. Selectman Coombs and Chairman Savage had no problem with a conceptual approval. Selectman Smallidge agreed, if they can solve the parking.
Town Manager MacDonald said they would need to coordinate with maintenance personnel.
Responding to Chairman Savage, Ms. Russell said the organization carries a liability policy and would provide security. The Town would not be asked to police the area.
MOTION: Selectman Smallidge moved to accept the concept of the Wine and Swing Classic for Big Brothers Big Sisters, seconded by Selectman Coombs. The vote was unanimous in favor.
Ms. Russell will call the Town Office next week to get all the requirements for Special Amusement permits.
VII. New Business
A. Discuss ANP Advisory Commission Sunset legislation
Town Manager MacDonald said the Advisory Commission authorization expires in 2006. The Board recently reappointed Mr. Richardson to it. He told him last week that he is Chairman of a subcommittee on conservation easements and thinks it is important to have citizen input on whether or not the Park accepts every offer of a conservation easement. He was looking for support for reauthorization of the Sunset legislation in 2006.
Chairman Savage thought it is a valuable group to have. Town Manager MacDonald will write a draft of a letter of support to the Congressional delegation.
VIII. General Issues
A.~~~~~~Discuss Tax Cap proposal.
Town Manager MacDonald provided material from Maine Municipal Association asking for the Town’s support of the 1A Proposal which was its proposal in the November election. It failed to get 50% of the vote and will be on the June referendum. MMA put together information about the Polesky Tax Cap proposal. Under the worst case scenario if that proposal passes, it would have an $800,000 impact on the Town of Mt. Desert.
Town Manager MacDonald offered to write to Congressmen Damon and Koffman. Chairman Savage was not prepared to take a stand obligating the Town. Selectman Smallidge and Selectman Coombs agreed with him.
IX. Other Business
A.~~~~~~Discuss possible date for executive session - Personnel - Town Manager's six-month evaluation
Chairman Savage said the six month period is up but he would rather wait for full Board attendance. He asked that it be put on the next agenda.
B. Chairman Savage said there has been a lot of thievery at the marina and that the time has come for a video camera there. Town Manager MacDonald said one could cost anywhere from $300 to $35,000. He thought Harbor Master Boddy is looking into some Homeland Security money. Chairman Savage said a report from the Harbor Committee would be helpful. Selectman Smallidge suggested getting input from Police Chief Willis.
3. Responding to Chairman Savage, Public Works Director Smith said the Otter Creek/Seal Harbor sewer project is going as expected. A second crew might be mobilized because the work on the gravity sewer is running a little behind and will stop on Route 3 from Memorial Day to Labor Day. An on site person will knock on doors and hand out flyers to let people know that pile driving will be going on, producing a steady thump, thump, thump.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 7:45 Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor
Respectfully submitted,
Jeff Smith
Secretary
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