Board of Selectmen Meeting, May 3, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 3, 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: Chairman Rick Savage, Emily Damon Pascal, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Police Chief James Willis, Harbor Master Will Boddy, 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, April 18, and April 19, 2004.
MOTION: Selectman Smallidge moved to approve the minutes of the above Regular Meetings as presented, seconded by Selectman Smith. The vote was unanimous in favor.
III. Appointments and Communications
III.~~~~Appointments and Communications
A.~~~~~~Confirm appointment of Jeanine Neipert as part-time dispatcher at hourly rate of $11.00.
MOTION: Selectman Damon Pascal moved to confirm the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Confirm appointment of Leigh W. Guilford as part-time Police Officer at an hourly rate of $11.00.
C.~~~~~~Confirm appointment of Michael E. Southard as part-time Police Officer at an hourly rate of $11.00.
Asked by Chairman Savage if these appointments gave his department its full complement of officers, Police Chief Willis said he did not plan to hire any more outside of a parking enforcement officer.
MOTION: Selectman Smallidge moved to confirm the appointments of Leigh W. Guilford and Michael E. Southard as part time Police Officers at an hourly rate of $11.00. The vote was unanimous in favor.
D.~~~~~~Confirm appointment of Rory Stratton, Valerie Doyle, Kurt Budke, Steve Rae, Gary Hooper, and Matthew Bucklin as Northeast Harbor Marina dockhand at an hourly rate of $11.00 and Mark Bucklin as dockhand at $10.00 per hour.
MOTION: Selectman Smallidge moved to confirm the above appointments, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Acknowledge request for cruise ship tour group to picnic on NEH Green.
Town Manager MacDonald said Michaeleen Ward has requested use of the Village Green by 51 people on Sunday, September 12, 2004. Ms Ward, a new year-round Northeast Harbor resident and a travel agent, explained her plans for a picnic lunch for a tour group. She saw no picnic tables there and thought apparently picnics were not the purpose of the park. Selectman Damon Pascal said she had had several requests from members of the community for benches on the Green so that people could have picnics. Chairman Savage asked if Ms Ward could be satisfied with the Green if there were no picnic tables. Ms Ward was concerned about some of the elderly people. Town Manager MacDonald mentioned the four picnic tables on the knoll which are public property. Selectman Smallidge had no problems with the request. Selectman Smith thought the Green should be used.
MOTION: Selectman Smallidge moved to approve the above request for September 12, 2004, seconded by Selectman Smith. The vote was unanimous in favor.
Chairman Savage thought the Town might make some accommodations for picnic tables.
Public Hearing:~~~~~~~~Liquor License Application Ammachi, Inc., DBA La Matta Cena-
At 6:41 p.m., Chairman Savage closed the Selectmen’s meeting and opened the above Public Hearing. Selectmen determined that this was the parties’ first application.
At 6:44. Chairman Savage closed the Public Hearing and reopened the Selectmen’s meeting.
F.~~~~~~Acknowledge receipt of quarterly Solid Waste Report.
Selectmen acknowledged receipt of the above report. No action was required.
IV. Consent Agenda
A.~~~~~~Approve Liquor License application for Ammachi, Inc., DBA La Matta Cena.
V. Selectmen Reports
1 - Selectman Damon Pascal said several community members have asked about park benches on the Village Green. She thought it was a confusing point of contention. The Town owns the Green but the VIA had something to do with it. Chairman Savage said they have something to do with the memorial but he was not under the impression that the Town turned the whole Green over to them. He talked about benches along the walkway at the marina and whether or not the Town still owns any. Funding for benches was discussed. Town Manager MacDonald said there is no money in the budget for new ones. Anne Funderbunk asked about approaching the Village Improvement Society to see if they would be willing to donate benches. Chairman Savage suggested that Town Manager MacDonald write to the Chairman,
Buddy Brown. Ms Ward thought several people might be willing to donate benches. Town Manager MacDonald asked how many and what type of benches Selectmen would want and if they wanted to review a range of costs and types. Chairman Savage thought that would be a good idea before the letter is written and asked Town Manager MacDonald to put the item on the agenda for the next meeting.
2 - Selectman Damon Pascal said many merchants on Main Street had expressed concern about the amount of dog feces on public ways. She was glad to see the new bags and pooper scoopers at the Village Green. She asked about providing more of them, making them more accessible in highly trafficked areas, possibly in the triangle in front of the Neighborhood House and next to the park bench near the bank. Main Street is covered with dog feces. Another option would be to look into an ordinance that might help remind people to clean up after their dogs. It’s quite bad, she said. Selectman Smallidge said he would prefer to put boxes and bags out rather than to have an ordinance and wanted to include Seal Harbor for the bags. Mrs. Funderbunk thought a bag station between the Seal Harbor
Green and the village store would be very helpful in that area which a large number of dogs use indiscriminately. She also suggested a sign reminding people to please clean up after their dogs.
3 - Selectman Smallidge and Edie Crowley reported on a meeting that they attended with the County Commissioners for the formation of a committee that would look into every department to determine what they are spending money on and who is benefiting from their services. They thought the Commissioners were very open and receptive. It turns out that the airport makes money. Mount Desert does not benefit unevenly from it.
MOTION: Selectman Smith moved to approve the Liquor License for Ammachi, Inc., DBA La Matta Cena, seconded by Selectman Smallidge. The vote was unanimous in favor.
VI. Old Business
A.~~~~~~Approve Sewer Connection Fee
Chairman Savage said they had been trying to wait until they had a full complement of the Board but decided to carry on anyway. Town Manager MacDonald said Selectman Coombs had indicated previously that the $100 fee was not enough and that a fee could be waived.
Selectman Smallidge wanted a strong allowance for 3 bedrooms and under houses.
Selectman Smith liked the middle ground. He did not want to discourage local year-round affordable housing. The higher estimates were too big a leap. He preferred the two lower suggested options for fees. They would not hurt anyone but would help pay for the infrastructure. Town Manager MacDonald clarified that he was referring to $100 or a $500 fee and said it is the extra per gallon per day fees which would generate the extra income. Town Manager MacDonald calculated how much would be generated with different fees.
Selectmen discussed a $300 fee for a 3 bedroom house. Selectman Smallidge could live with that. He anticipated an amendment with a waiver for affordable housing. Town Manager MacDonald suggested putting the per gallon per day fee as high as possible to recover the reserve capacity being lost with the extra bedrooms. Chairman Savage said he had proposed a $1,000 fee for a 3 bedroom home and an additional $500 for every bedroom over that. Town Manager MacDonald estimated that option would translate to $5.56 per gallon per day. Chairman Savage said the higher fee would face reality. $300 would not. Selectman Smith thought the affordability issue clouded the real issue. He was not opposed to the $1,000 fee. He thought Selectmen needed to move ahead and could not sit any longer
on the $100 fee. Selectman Smallidge thought the $1,000 was too much.
Selectman Damon Pascal questioned how much land out there is available that is so close that people will be hooking up to the sewer vs. a well. This is another piece of reality that is important to look at, she said.
Mrs. Funderbunk asked how Selectmen felt about splitting the fee suggestions down the middle to around $500. Town Manager MacDonald said this fee plus a $6 gallons per day fee would bring the bottom line to $37,120. Noting current construction in Northeast Harbor, Selectman Damon Pascal thought those people who are building close enough to the sewer are those people who can afford the fees. George Peckham hoped he lived long enough to see the day that his taxes don’t support the sewer system. He said to go for the top number. Dennis Smith was concerned that a waiver might get shuffled into the background. Chairman Savage proposed a $500 fee and $10 per gallon. Town Manager MacDonald said this would calculate to $54,400. Kathy Branch thought that at the very least
the very minimum fee for a three bedroom home should be set.
MOTION: Chairman Savage moved to set the sewer connection fee at $500 plus $10 per gallons per day, seconded by Selectman Smallidge. The vote was unanimous in favor.
VII. New Business
A.~~~~~~Discuss Fire Station utilization and discontinuance of Otter Creek Station.
Chairman Savage suggested Selectmen prepare a Warrant Article for the next annual Town Meeting to discontinue the station in Otter Creek. He termed Selectmen’s recent tour of the four fire stations an eye opener. His biggest concern was the best engineered and designed building for fire equipment in Seal Harbor that sits pretty much empty and vacant. He suggested using it for a public safety office even though Northeast Harbor is the hub of activity.
Mrs. Funderbunk was aware of the deficiencies of the Otter Creek building but worried, if it is closed, about the speed of response to a big concentration of housing, the trailer court, in Otter Creek. She noted the tremendous amount of building and upgrading going on in Otter Creek. It looks as if this is an area beginning to take off, she said. Chairman Savage said her agreements would be good issues for voters to discuss but that Selectmen, the Fire Chief and various parties involved have decided the question will be up to the voters.
Selectman Smallidge thought the decision was more of a manpower issue, that Fire Chief Farley was reluctant to close the building but saw a lack of participation there.
Bruce Walton said the lack of manpower is what is hurting the department. He was on the fence about closing Otter Creek. Referring to the response time, he said in the daytime firemen are in Seal Harbor and Northeast Harbor. None are in Otter Creek.
Mr. Peckham noted that many homes on Rt. 198 are the same distance from the fire stations in Northeast Harbor and Somesville, about the same distance as Otter Creek is from Seal Harbor.
Ms Crowley thought future growth should be kept in mind before something irreversible is done.
Selectman Smallidge thought the manpower will get more acute, especially in view of school enrollment. In the future only one station may be possible.
Police Chief Willis said Otter Creek and Seal Harbor represent about 30% of their calls for service. Town employees report a lot of walk-in traffic in Northeast Harbor. Those services could be impacted.
Kathy Branch wondered how Acadia National Park would feel about the Otter Creek station no longer being there for Blackwoods Campground. Selectman Smallidge said it made no difference if no one were there to man the station.
Mr. Walton asked for a copy of the report of the April 18 fire station tour and was told the minutes would be on the Town web site by the next day.
Selectman Smith thought 15 years ago there was an emotional tug for keeping the Otter Creek fire station but that things have changed. The Town can’t afford 4 fire stations. He indicated the problem with manpower involves not only a timely but also an effective response. With Seal Harbor being 3 ½ minutes from Otter Creek, he did not think response time is the issue. The focus and energies should be on training effective fire teams. Speaking for the Park, he said it depends on the Town for structure fires. Their staff is trained for wild land fires.
Chairman Savage said the issue was only being discussed that night. He wanted Fire Chief Farley’s input and asked Town Manager MacDonald to put the item on a future agenda.
B.~~~~~~Discuss and approve letter of support for Acadia National Park Advisory Committee.
Town Manager MacDonald said the above Citizens Advisory Committee was created with a 20 year Sunset Provision and in 2006 will cease to exist if it is not reauthorized. Recently alerting him to the issue, Committee member Paul Richardson said the Town will benefit from the Committee and should write to Congress people suggesting reactivating it. Town Manager MacDonald had drafted a letter to the Congressional delegation. Selectman Smith said it was a good letter.
MOTION: Selectman Smith moved to approve the above letter of support, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Discuss and approve resolution of support for Mount Desert Water District.
Town Manager MacDonald read the above resolution for providing a $600 annual stipend to the Trustees. Ms Branch said the vote by the trustees was not unanimous but that they had never been paid. Ms Crowley said they had been told theirs is the only district in Maine not being paid. Responding to Selectman Smallidge, Ms Crowley said the vote was 3 to 2.
Mrs. Funderbunk thought some compensation would help young people with slender means to volunteer their time and would be a good means of encouraging participation from as good a cross section of the town as possible.
MOTION: Selectman Smith moved to approve the above resolution as read, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
VIII. General Issues
A. Upper Hadlock Pond fishery.
Dennis Smith requested support from Selectmen for managing Upper Hadlock Pond as a catch and release pond. The State requires 150 signatures from registered voters for a public hearing. He thought the State would honor a request for a petition for a public hearing from Selectmen. He wanted to create a high quality fishery there. Responding to Chairman Savage he was not sure if the commissioners would hold the hearing in Northeast Harbor or Ellsworth City Hall.
Selectman Smallidge thought the idea of taking a chance to produce trophy fish this close to town would be a dream come true. He wholeheartedly supported Mr. Smith’s request. Chairman Savage asked Town Manager MacDonald to write a letter for the Board with Mr. Smith’s ideas.
MOTION: Selectman Smallidge moved to endorse the concept of catch and release in Upper Hadlock Pond and to support Dennis Smith’s proposal with a letter to the proper authorities, seconded by Selectman Smith. The vote was unanimous in favor.
IX. Other Business
A.~~~~~~Discuss and respond to request from Otter Creek contractor, MacQuinn, to extend permitted Route 3 work into first two weeks in June.
Town Manager MacDonald said he had no issues with the request but reported that Public Works Director Smith was disagreed thinking the public would be more willing to listen to the Town in the future if it kept its word about what was said in public hearings. Discussion followed about whether or not traffic is heavier in early June or after Labor Day. With the request work would not resume until the third week in September. Selectman Smith noted there is more traffic during the first two weeks in September than in June.
MOTION: Selectman Damon Pascal moved to approve the extension as presented, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Discuss possible date for executive session -Town Manager's six-month evaluation.
Selectmen agreed to set the first meeting in June in Northeast Harbor for the above executive session.
C.~~~~~~Discuss liquor license public hearing policy (recent revision of State law provides for optional public hearings for initial license applications).
Town Manager MacDonald said the last session of the legislation omitted the mandatory requirement for initial public hearings for initial licenses. He thought it would be a good idea to notify the public about an initial application, giving them an opportunity to respond at a hearing.
Police Chief Willis noted that the State is getting out of liquor enforcement. There is no enforcement agency. It the Town wants any say, it should probably keep all it has now.
Selectmen agreed to maintain the Town’s existing policy.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 7:58 Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeff Smith
Secretary
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