Board of Selectmen Meeting, July 6, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, July 6, 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,, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, 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 June 21, 2004.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of June 21, 2004 as presented, seconded by Selectman Smith. The vote was unanimous in favor.
III. Appointments and Communications
~A.~~~~~Accept resignation of Police Patrol Officer Edward Montague, effective July 2, 2004.
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No Action was required by Selectmen.
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~B.~~~~~Confirm appointment of Edward Montague as part-time Police Patrol Officer, effective July 3, 2004 at an ~hourly rate of $13.00.
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MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
~C.~~~~~Confirm appointment of Darcy Ingersoll as Part-Time Temporary Town Office Clerical effective June~29, 2004 an hourly rate of $10.00.
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MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
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~~~D.~~~~~Acknowledge receipt of invitation to “Gateway communities: Keys to Success” an Interactive~Television Broadcast.
No action was required.
E. Acknowledge receipt of Seal Harbor WWTP Weekly Construction Summary~~~~~~
Public Works Director Smith said they have caught up and are pretty well on schedule.
~F.~~~~~Acknowledge Bangor Hydro Electric utility pole placement in ROW on Rt. 3 & 198.
No action was required.
G. Acknowledge receipt of notice of Seal Harbor Library “annual fair” to be held on Seal Harbor Village Green on ~July 24, 2004.
H. Acknowledge request for use of Seal Harbor Village Green for Abby Chapel August 7, 2004 annual fair.
Chairman Savage decided to consider both G and H together.
MOTION: Selectman Smallidge moved to authorize the above uses of the Seal Harbor Village Green on the proposed dates, seconded by Selectman Smith. The vote was unanimous in favor.
I.~~~~~Acknowledge receipt of Marine Management Committee Meeting draft minutes of June 8, 2004, (note these ~are unapproved minutes, next scheduled meeting of MMC is Sept. 14, 2004)
Harbor Master Boddy said there were different interpretations of the Marine Management Ordinance. He did not think the language of the ordinance needed to be clarified. It can be rectified clerically.
~~~~~~~~J.~~~~~Acknowledge receipt of Acadia Disposal District meeting minutes of April 15, 2004.
No action was required
IV. Consent Agenda
None
V. Selectmen Reports
~~~~~~~~A.~~~~~Discuss resolve TO DECLARE INTENT OF MOUNT DESERT BOARD OF SELECTMEN TO ~DEDICATE FUNDS MADE AVAILABLE TO THE TOWN AS A RESULT OF THE PASSAGE OF ~~~~~~ REFERENDUM QUESTION #1 TO MILL RATE REDUCTION AND RELATED PURPOSES. (Selectman Smallidge)
Selectman Smallidge explained the Brewer City Council has endorsed a resolution declaring the above and summarized the reasons for it. He wanted the Board to resolve to dedicate any additional such funds directly to property tax relief.
Chairman Savage said he had a great deal of difficulty taking a stand for the Town voters.
Selectman Smallidge said they would be encouraging the Town to pass the some $450,000 to the voters. It would also be a message to the School Board that the money becomes need tax relief and not an increase in the school budget.
Jean Bonville asked when the money is coming. If it is in January 2005, she said, that would be in the next fiscal year. She did not think this Board could say how they will expend the funds without voter approval. She thought the authority lay with the people, not the Board.
Considerable discussion ensued between the Selectmen, Edie Dunham and Anne Funderbunk and Bob Smallidge. The latter thought people would consider the Selectman to be more knowledgeable on the subject of the Palesky amendment and would like to know how they feel about it as representatives of the Town.
Responding to Selectman Smith, Town Manager MacDonald said as a citizen, he thought the resolve can be amended to fit this Town. He personally felt the Board and the Warrant Committee are committed to using the money being talked about, 50 cents on the mill rate, to reduce taxes, not to fund new proposals. It would go towards saying the Palesky amendment is draconian. He did not think it was a bad idea for elected leaders to help members of the public who aren’t as well informed as the Board is. That is part of their role as community leaders. As Town Manager, he would not want to be here if he had to deal with the consequences of the Palesky proposal. He was sure the Town would see a reduction in services.
Mrs. Funderbunk likened the Palesky amendment to California’s Proposition 13. She thought the Board should find a way of presenting to the public the benefit of their knowledge.
Selectmen Smallidge asked if Chairman Savage would accept as a concept, to be sent to the Warrant Committee, that the Board would support the use of any monies gleaned from the referendum for tax relief. Selectman Smith approved of the concept but did not want to bypass the electorate. Chairman Savage thought Augusta needs to be told they are spending more money than they have, that they don’t fund the things they need to, that they place too much emphasis on the property tax and they pass unfunded mandates.
Selectman Smallidge said the passage of Question #1 was a first step towards allocating the responsibility back to Augusta. He wanted a signed concept letter from the Board
Responding to Ms. Dunham’s questions about the difference between the March Town vote and the November voting, Selectman Smallidge said Brewer wants the endorsement before November. Responding to Mrs. Funderbunk, he said the Board did not have to endorse Brewer’s resolution but could approve its concept.
Selectman Smith said Selectmen have a little time left. They could make a statement of what, after some research, they think as a Board might be in the best interests of our Town on the entire situation and make that statement public sometime this summer. Selectman Smallidge suggested Town Manager MacDonald produce a letter.
Chairman Savage said they did not need to do something that night but thought they should before August. He also thought Town Manager MacDonald could send a letter of support about the concept of a reduction in property taxes to Brewer.
MOTION: Selectman Smallidge moved to have the Town Manager and staff write a concept letter that supports the idea of using any financial benefits from the results of Referendum Question #1 to be put towards property tax relief, seconded by Selectman Smith. The vote was unanimous in favor.
VI. Old Business
A.~~~~~Placement of Dept. of Interior water monitoring wells on Town-owned property at Long Pond.
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Bob Breen from Acadia National Park explained they are trying to develop a long term wetlands monitoring protocol for Mount Desert but don’t have a full range of wetlands within the Park. They were requesting access to outside sites to round out the variety of wetlands, one of which is owned by the Town across from Long Pond. They have gained permission from other landowners at other sites. There is no hidden agenda.
Dr. Hilary Neckles from U.S. Geological Survey aid they need a lot of wetlands to come up with what the range of characteristics might be.
Chairman Savage expressed some suspicion. He said one of the questions brought before him was the ramifications of information that might have an impact on the use of Long Pond and the Town’s growth patterns. Dr. Neckles said the study was not at all about growth surrounding the Park. Mr. Breen said the Park boundary is established everywhere but the Northeast Creek area. Dr. Neckles said they were interested in what the vegetation type is. That information will form part of an average of characteristics.
Chairman Savage was concerned about interpretations of government data.
Mr. Breen said they were interested in protecting the Park resources and so will monitor water quality in the Park. The information is public information but they have no control how anyone else interprets the data. They want to be sure the information they gather is credible and valid. Dr. Neckles said the information would be about that site but they would not be measuring it sufficiently to characterize that wetland at all.
Selectman Smallidge said he believed there is no hidden agenda but was suspicious of the end result and the lack of control over where the information goes. He worried down the road about making constituents vulnerable to rules and regulations that will cause increases in taxation. Dr. Neckles said they were not measuring anything that would be useful to anyone else.
Responding to Mrs. Funderbunk, Dr. Neckles said the site is important to them because it is a wetland dominated by herbaceous vegetation adjacent to a road. They have measured 10 such sites but have come up with some variables. This site would round out their data on herbaceous emerging wetlands. It would be a hindrance not to have the information. Responding to Bob Smallidge, Dr. Neckles said that, once on the site, they could not change what they decide to sample because of moral, ethical and financial reasons.
Mr. Smallidge asked if the Town wanted to do something with the land, could they? Were they taking over and tying up the land for three years? Dr. Neckles responded no.
Selectman Smith said he did not have a problem with the monitoring request and that he trusted the people who are monitoring the environmental quality of the Town of Mount Desert. He had some small trepidation, but could not see how it would hurt the Town in the long run.
MOTION: Selectman Smith moved to allow the Park very limited monitoring on the Town owned wetland in and around Long Pond, seconded by Selectman Smallidge. The vote was 1 to 2. Selectman Smith voted for the motion; Selectmen Savage and Smallidge voted against it. The motion did not carry.~
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B.~~~~~Discuss alternatives to bring Board of Selectmen to full compliment.
Referring to the seat vacated by Emily Damon Pascal, Town Manager MacDonald said the Town Charter specifies the Board could fill the vacancy by an election or by appointment. State statutes say the shortest time frame within which the election could be held is 24 days.
Mrs. Funderbunk suggested that the Board fill the position by appointing Edith Dunham Crowley because she has run for office, coming within 15 votes of being elected in March, and because she is quite conversant with many of the issues. Some of her great strengths are her abilities to gather and organize data and to keep to the point. Noting that only three Selectmen were present at the meeting, she said it was important to bring the Board to its full compliment.
Chairman Savage said he was a Selectman when there were only three members and they were able to get thing done.
Selectman Smallidge thought Selectmen should be elected only by the voters of the Town. He preferred the election be held in March. If the Board finds it becomes necessary to have a 5th member, he would recommend holding a Special Town Meeting to hold an election. If that becomes impossible due to time constraints or, if waiting for the regular Town Meeting becomes impossible, only then would he approve appointing the next person in line.
Bob Smallidge said the whole dynamics would change if there were a general election. He suggested appointing someone who was a former selectman and would be familiar with the operation of the Town.
Mrs. Bonville said the position should be filled but not through a special election. The people have already told the Board who their priorities are. She did not see why the Board had a problem taking the next person. The Town Charter gives it that right.
Chairman Savage said he had a little bit of trouble with the Board choosing the next candidate. It seemed like they would be stacking the Board or showing favoritism.
Selectman Smith agreed four Selectmen is a bad number because a vote could be deadlocked, two to two. He had no problem with filling the position but wanted to wait until March.
John Brushwein thought Selectmen should fill the position. It’s important when they get to Warrant time that they have a full Board. He did not think the people would have a problem with the Board appointing Edith Dunham Crowley who was the next highest vote getter. He thought that was a clear choice.
Selectman Smith was not comfortable with the mechanics of appointing someone even though he would welcome Mrs. Crowley to the Board. Chairman Savage agreed. Selectman Smallidge said if they run into problems, they still have recourses.
MOTION: Selectman Smallidge moved to keep Selectman Damon Pascal’s seat vacant until the March 2005 Town Meeting, seconded by Selectman Smith. The vote was unanimous in favor.
VII. New Business
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A.~~~~~Resolve to Inland Fisheries and Wildlife regarding salmon fishing in Long Pond.
Dennis Smith explained the resolve, saying it is an effort to get a public hearing on a proposal to limit salmon fishing.
MOTION: Selectman Smith moved to support the resolve as stated in a June 28, 2004 letter to the Dept. of Inland Fisheries & Wildlife to create a high quality fishery in Long Pond., seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~Hawker’s and Peddler’s license application, Rhonda Lee Soucie, 1 Lower Dunbar Rd, Seal Harbor, for Snack~Food Trailer at Seal Harbor beach parking lot.
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Town Manager MacDonald said the item should be withdrawn because there is a Food and Merchandise Ordinance #43 that does not permit food trailers in any part of the Town.
~C.~~~~~Authorize Acadia Disposal District to negotiate and implement measures related to guaranteed annual tonnage~~(GAT) and the development of and implementation of a plan to eliminate cardboard from the waste stream. ~Also~~enclosed is a copy of an article from this month’s Maine Townsmen, indicating the successful reductions in MSW ~through recycling programs.
Public Works Director Smith said the Acadia Disposal District has a minimum GAT to fulfill with PERC but that it typically exceeded that amount during the last three years by about 1,200 tons. Filling the requirements is a group effort by the member towns. Responding to Chairman Savage, he said ADD negotiates its terms with PERC annually. He said the Town spends $90 to $91 per ton to get rid of corrugated cardboard. It is now selling for between $80 and $91 per ton and is expected to go to $150 per ton. The Town recycles some cardboard but some of the businesses’ dumpsters are overflowing with it. He said they were a long way from instituting a ban on cardboard. He asked Selectmen to give the ADD the authority to negotiate with the Municipal Review Committee on the GAT and with EMR on
finding ways to reinforce a cardboard ban. Responding to Chairman Savage, he said just encouraging recycling would not increase it. People need to be forced to do it or they never will.
Selectman Smallidge asked how the cardboard would be collected. Public Works Director Smith said the Town now has three garbage trucks. The third one goes around on Wednesdays to people who call and ask them to pick up cardboard for recycling. If it’s worthwhile, the Town could haul a full truck of cardboard straight to Bangor. He said they were looking at a policy, not an ordinance.
Chairman Savage noted that if the Town made it easier to recycle, it would collect a lot more.
He thought it was a great policy to pick up cardboard on Wednesdays. He wanted to see people made well aware of it. In that case he would support Public Works Director Smith on it.
MOTION: Selectman Smallidge moved to grant ADD the above requested authority as described in a June 25 memo from Public Works Director Smith, seconded by Selectman Smith. The vote was unanimous in favor.
Chairman Savage directed Public Works Director Smith to get the word out about cardboard pick up on Wednesdays.
VIII. General Issues
A.~~~~~Discuss commercial use ordinance for harbors and piers, kayak tour companies at Bartlett Landing, Seal~Harbor Beach, Northeast Harbor Boat Launch
Town Manager MacDonald said the man who maintains the area at Bartlett’s Landing thinks it’s the commercial kayaking companies that are responsible for leaving it a mess and for doubling the amount of supplies for the portable toilets. He suggested the staff develop a policy recognizing that the companies are using Town facilities and charge them annually instead of the $5 fee that was instituted in Northeast Harbor for any non resident.
Chairman Savage said the Town has discouraged the use of commercial activity especially at Bartlett’s Island Landing.
Harbor Master Boddy said that in a recent 7 hour period they had noted 14 one way trips. It’s getting to be a problem of traffic, not the parking. The vehicles leave the kayakers there.
Assessor Brushwein noted that a conditional use permit is required for anything commercial. The Board discussed what would be considered a commercial use. Town Manager MacDonald said the increased costs include $50 for each additional visit from the toilet company.
Chairman Savage said it was an issue of non-residents using Town property for commercial activities. Selectman Smith thought the Town needs a policy to control use of public lands by all commercial activities, residential or non-residential. He said Bartlett’s Island Landing is extremely overused for a limited amount of time with unauthorized use of Town property.
Mrs. Crowley thought a management plan would hopefully target the kayakers and not the fishermen.
Harbor Master Boddy said the Harbor Committee was not prepared to form a new policy but should take a long hard look at it, starting in the fall for next summer. Chairman Savage thought the problem of the kayaking companies should be addressed promptly because of the impact of the use this year. Traditional and non-traditional uses and use below the high tide mark were discussed. Chairman Savage suggested writing a letter stating there is no commercial activity without a conditional use permit. Selectman Smallidge thought they could start with that.
MOTION: Selectman Smallidge moved to send a letter to kayaking companies and over the winter have the Marine Management Committee properly address the issue, seconded by Selectman Smith. The vote was unanimous in favor.
IX. Other Business
1. Public Works Director Smith reported the DOT has contacted him about their work on Gate House Hill asking if the Town wants them to finish now or wait until after Labor Day. Chairman Savage said to finish that job.
2. Public Works Director Smith said, starting this week, there will be big trucks in the parking lot across from Seal Harbor Beach because of work being done on the treatment plant.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 8:23 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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