Board of Selectmen Meeting, July 19, 2004 Page 1
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, July 19, 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, Ernest Coombs, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, 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 July 6, 2004
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of July 6, 2004 as presented, seconded by Selectman Smith. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Accept with profound regret, resignation of John Brushwein as Mount Desert Assessor, resignation effective September 10, 2004.
Chairman Savage explained that Mr. Brushwein has accepted a position as Town Manager of the Town of Surry.
George Peckham wanted to convince the Selectmen to not accept the resignation and, if that is a futile effort, to postpone the acceptance until the next meeting to give residents a chance to convince him that he’s made a mistake. Ted Bromage praised Mr. Brushwein as an exemplary employee. Bob Smallidge said Mr. Brushwein should think very carefully about what he was doing because he is in a place where everybody loves him and respects his professionalism. He wanted to see him stay.
At this point, Mr. Brushwein came into the meeting. Selectman Smallidge told him he provided the Town with stability when things were difficult and praised him saying that that he always admired him. Selectman Coombs said he thought he had him talked out of this once and thanked him for his service. Selectman Smith said it is a huge loss but thought Selectmen should respect his wishes. Chairman Savage said he had always admired him and respected his opinion. He respected his comment that it was time for him to try something new, a change in career that would allow him to grow and move on.
Mr. Brushwein thanked the Selectmen, taxpayers, and residents from whom he has received support during the nearly 17 years that he has worked for the Town in just about every capacity. Fifteen years of driving back and forth from Ellsworth has been a bit laborious; the 7 1/2 miles to Surry makes quite a difference, he said. He felt bad in a way because the revaluation still has a long way to go.
MOTION: Selectman Smallidge moved to accept with profound regret, the resignation of John Brushwein as Mount Desert Assessor, resignation effective September 10, 2004, seconded by Selectman Smith. The vote was unanimous in favor.
Chairman Savage read into the record the following letter:
August 11, 2004
Mr. John Brushwein
c/o Town of Mount Desert
P O Box 248
Northeast Harbor, ME 04662
Dear John,
The members of the Mount Desert Board of Selectmen wish to thank you for your years of dedicated service to our town. You have served with distinction in all of the capacities and duties the Town has asked you to assume during your seventeen-year tenure. From your title and duties as Assessor we have at various times asked that you perform the duties of Town Manager, Code Enforcement Officer, and Licensed Plumbing Inspector. Some of these additional tasks you have assumed multiple times. We recognize that the Town is losing much of the adhesion and cohesion that has held the Town together during many times of trial and tribulation.
Your quiet leadership during those times of distress and confusion allowed a consistent transition from one significant event to the next. Your customer relation and “political” skills have served the Town well as you have represented the Town to disgruntled taxpayers, unhappy building permitees, and citizens unfamiliar with the bureaucracy of municipal government. Thank you for developing and exercising those skills for the benefit of our community.
Your quiet leadership also extends to other Town staff members. Your willingness to share your institutional knowledge with others accelerated their learning curve and allowing those new employees to become effective much sooner that if you have not shared your wisdom. Again thank you.
Lastly, we wish you success in your new position. We say this with confidence as we recognize the very knowledge, skills, and abilities that are leaving the Town of Mount Desert will benefit the citizens of the Town of Surry. The mixed emotions, sadness and joy, this Board now feels is an extension of the emotions shared by both our citizens and your fellow Town of Mount Desert staff members. Again, thank you and much success.
With appreciation,
Mount Desert Board of Selectmen
Richard M. Savage, Chairman Patrick Smallidge, Vice Chair
Ernest Coombs, Selectman Jeffery T. Smith, Selectman
B.~~~~~~Acknowledge Jennifer Donovan notice of resignation effective July 1, 2004.
No action required.
C.~~~~~~Approve appointment of Edward Montague as Police Patrol Officer, effective July 20, 2004 at an hourly rate of $13.00.
Police Chief Willis said he gets a compliment a week from the public about Officer Montague.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Acknowledge receipt of Planning Board minutes of June 14, 2004.
No action required.
E.~~~~~~Acknowledge receipt of Seal Harbor WWTP weekly construction summary.
Public Works Director Smith said progress is being made. The roadway has been put in from the parking lot to the south side of the plant. MacQuinn has shut down for the summer on the Route 3 portion of the Otter Creek project. They are now laying down pipe coming up Grover Avenue and are working on the pump station. Responding to Chairman Savage about Shady Hill, he said Bangor Hydro will move two or three poles and finish the ditching. He replied also that it is a DOT funded project.
IV. Consent Agenda
A.~~~~~~Approve liquor license application for Harbor View Corp. d/b/a Main Sail Restaurant
MOTION: Selectman Smallidge moved to approve the above application, seconded by Selectman Coombs. The vote was unanimous in favor.
V. Selectmen Reports
1. Selectman Smith requested a reconsideration of the Board’s decision about a fifth Selectman on the agenda for the next meeting. Since he voted in the affirmative, he can ask for reconsideration. He has not talked to one person in the Town who doesn’t think it is a good idea to have a fifth Selectman. He said he acted as an individual at the last meeting; now he was acting as a representative for the people. Town Manager MacDonald will put the request on the August 2, 2004 agenda.
2. Selectman Smallidge asked that the next agenda also include recent correspondence from Bill Olver regarding the lack of State financial support on environmental projects.
VI. Old Business
A.~~~~~~Continue discussion of Board of Selectmen position paper regarding application of additional state revenue.
Selectman Smallidge explained the background for the above position paper. Town Manager MacDonald did not have the letter with him but will bring it to the next meeting.
VII. New Business
A.~~~~~~Designate width of right of way for Harbor Drive from Kimball Lane Right of Way around Northeast Harbor Village Green back to point or beginning.
Town Manager MacDonald gave the background on the “made land” area of the Village Green. It was made with material from the harbor when it was dredged in the 1950’s. The Town does not have deeds to those 4 or 5 acres. No records can be found that delineate the road around the green or determine the right of way. The Town Attorney has advised him that the Board has the authority to declare the status of the road. The description makes the right of way a two-rod right of way from Kimball Lane to Huntington Road because the Water District would like to put in a water line to connect a private residence on Kimball Lane. They have to file a utility location permit with the Town to put the water line in the right of way. The Board’s action would also define the
right of way also around the remainder of the circle as the paved area of the road.
Responding to Kathy Branch, Town Manager MacDonald said the attorney has advised him the action does not require a town meeting.
Town Manager MacDonald read into the record the following description:
August 11, 2004
Whereas Town staff has been unable to locate a designation and description of a paved road circling the Northeast Harbor Village Green, road commonly known as Harbor Drive, and
Whereas it is important for abutters, developers, utilities and Town staff to know where to legally locate improvements such as water, sewer, drainage and other utilities within a properly described right-of-way, and
Whereas the Mount Desert Board of Selectmen is authorized by 23 MRSA §3028(2) to determine the status of a town way or public easement,
Therefore the Mount Desert Board of Selectmen declare:
A two rod (33’0”) public right of way exists beginning at a point at the northeast corner of a parcel described on Town of Mount Desert tax map 24, lot 116, book 3404 page 4 of Hancock County Registry of Deeds, abutting the right-of-way know as Kimball Lane, extending southerly and easterly around Harbor Drive to a point on the west side of Huntington Rd at Town of Mount Desert tax map 24, lot 125, book 2804 page 302 of Hancock County Registry of Deeds. The two-rod right-of-way shall include the paved portion of Harbor Drive and the remainder of the right-of-way shall be easterly and northerly of the paved portion toward the area known as the Village Green. The right-of-way does not extend equally to both sides from the center of the paved portion of Harbor Drive. Beginning at a point
easterly of the intersection of Huntington Road and Harbor Drive the remainder of the roadway around Harbor Drive, to the southmost pier parking lot entrance, through to the northmost pier parking lot entrance, to the intersection of Sea Street and Harbor Drive, to the entrance to the Cranberry Island parking lot back to the point of beginning, the right-of-way shall consist of the paved portion of Harbor Drive, the width varying with the pavement.
MOTION: Selectman Coombs moved to accept the right of way as written, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Approve MD Water District Utility Location Permit on Harbor Drive.
Town Manager MacDonald said the Board might want to consider putting some conditions recommended by the attorney on the permit such as, compliance with a dig safe requirement, meaning a 48 hour notice that there would be no utilities in the area, and, if the Town has to relocate the road which would require the relocation of any utilities, they would be relocated at the utilities’ expense rather than the Town’s. Chairman Savage clarified that it would be up to the property owner to pay for costs of repair to the road.
MOTION: Selectman Smith moved to put a condition in the permit that if it becomes necessary to relocate this section of water line because of reengineering or redesign of the Village Green, the relocation of the water lines will be at the permit holder’s expense and, if these conditions are not met, the Town reserves the right to revoke the permit, seconded by Selectman Smallidge.
Responding to Todd Holbrook, Chairman Savage said he did not want to make this condition apply to everyone because this was a special circumstance.
Responding to Ben Moore’s request for clarification, Town Manager MacDonald said the road opening permit gives you permission to open the road to do something but if you want to relocate a utility, the attorney told the Town to require water and sewers to follow the same process as Bangor Hydro and Verizon do when they place a pole in any of the Town’s right of ways. Chairman Savage said one thing that has made the Town’s job easier is that Bangor Hydro and Verizon have automatically applied for permits. In the past, the Water Company has not necessarily had to do so.
The vote on the above amendment was unanimous in favor.
MOTION: Selectman Smallidge moved to approve the Mount Desert Water District Utility Location Permit on Harbor Drive as amended, seconded by Selectman Smith. The vote was unanimous in favor.
C.~~~~~~Certify “Urban/Rural Initiative Program” funds will be used for “only for CAPITAL improvement of public roads,” and authorize Town Manager to sign certification form.
Town Manager MacDonald said the Town would receive about $43,000 next year from the State for public road improvements. The certification says the Town will fix roads.
MOTION: Selectman Coombs moved to approve the certification and authorize the Town Manager to sign it, seconded by Selectman Smallidge. The vote was unanimous in favor.
D.~~~~~~Discuss Traffic Committee recommendation to permit overnight parking along Steamboat Road.
Town Manager MacDonald said he and Fire Chief Farley had public safety concerns about emergency vehicles traveling along the above road if there was an emergency on the pier. He therefore recommended not allowing overnight parking on Steamboat Road.
Police Chief Willis said the request was for parking both along the road and for spaces on the pier overnight. Bill Eacho, Seal Harbor Yacht Club Treasurer, said they were not asking to return to overnight parking the way it was before. Until last year, overnight parking was allowed and then restricted overnight to prevent overnight campers from parking. Club member were told they could park behind the village store. This year construction vehicles are there and members can park in a field near that site if they have a permit from the Harbor Master. The permit only goes to people who have moorings. The overnight parking would be for people who want to go out for a couple of days cruising. The odds of more than one or two cars per night would be slim, he figured. They were
concerned about elderly people walking from the field.
Selectman Coombs said he would rather allow overnight parking on the dock by permit only. He was surprised to hear that it was only last year that they could not park there because he could remember that this was dealt with many years ago.
Responding to Chairman Savage, Mr. Eacho said they could park where the dumpster is but that is where the sailing master who lives at the Yacht Club parks. Technically that is not a Town right of way. Chairman Savage suggested that the sailing master could park up the hill.
Ms. Branch was concerned about an element that would be parking and partying at night there. She thought that was why no overnight parking was allowed and that the spaces would be tied up during the day with overnight parkers.
Police Chief Willis said his committee and the dispatchers are working on the traffic ordinance but a comprehensive package for the Board is still several months away. He did however want guidance for his officers about whether or not permits would be given.
Concerned about commercial fishermen who use the harbor, Selectman Smallidge thought permits for only a percentage of the available parking should be given to club members. Mr. Eacho said two or three spots would be sufficient. Selectman Smallidge wanted a recommendation from the Traffic Committee. Public Works Director Smith pointed out that the request was only for the summer. Selectman Coombs was reluctant to take a chance on whether or not emergency vehicles could get through. That is why parking was stopped there, he said.
MOTION: Selectman Smallidge moved to await a recommendation from the Traffic Committee, seconded by Selectman Smith.
Police Chief Willis wanted to be sure the Committee gets a written report of what was discussed at this meeting to give it information they were lacking. Town Manager MacDonald said the minutes would be on the web site.
Mr. Holbrook said the road should be Steamboat Wharf Road, not Steamboat Road.
Selectman Smith suggested a temporary solution instead for the parking because the problem has been aggravated this year by the sewer construction project. Police Chief Willis was not very hopeful that the Traffic Committee would be able to deal with the problem before the end of this summer.
Selectmen and Mr. Eacho determined that three spaces would be adequate for this summer.
Selectman Smallidge withdrew his motion and Selectman Smith withdrew his second.
MOTION: Selectman Smith moved that three spaces would be allocated to permit holders and cruisers for overnight parking on the Seal Harbor Town Dock and that a sunshine provision of October 1, 2004 for this summer be included, seconded by Selectman Smallidge. The vote was unanimous in favor.
Mr. Eacho thought that if this plan works, it might be worth continuing after this summer. Selectman Smallidge replied that by then, hopefully, the Traffic Committee would address that.
Mr. Holbrook asked if the permit was restricted to one night. Police Chief Willis suggested issuing three permits and having the Yacht Club administer them. Chairman Savage agreed that was a good solution.
E.~~~~~~Respond to Beverly Yacht Club request to have box lunch picnic on NEH Village Green on August 22, 2004, request includes temporary placement of up to 10 picnic tables.
Town Manager MacDonald said the Yacht Club was looking at two possible places, either the knoll or on the green for about 84 people.
MOTION: Selectman Smith moved to approve the above request with a stipulation that clean up be included, seconded by Selectman Coombs. The vote was unanimous in favor.
VIII. General Issues
A.~~~~~~Discuss recruitment process for Assessor’s position. ~Formation of selection committee and process timeline.
Town Manager MacDonald explained the statutory requirements for the Board to appoint a new assessor and the time line involved. He recommended formation of a search committee made up of two members of the Board, one or two members of the public with knowledge of assessing property values, and him.
Selectman Smallidge asked if Mr. Brushwein could provide guidance. Mr. Brushwein thought it would be better for him not to do so.
Town Manager MacDonald said he had received an expression of interest from Jerry Suminsby.
Chairman Savage asked Town Manager MacDonald to advertise for a committee. Town Manager MacDonald thought he could have a search committee in place by the next board meeting. Selectman Smith thought the committee should establish the guidelines for hiring. Chairman Savage agreed.
Responding to Town Manager MacDonald, Chairman Savage said the committee should be the body to decide whether the job should be filled right away.
Town Manager MacDonald will advertise for search committee members.
IX. Other Business
A.~~~~~~Cast ballot for candidate for MMA Legislative Policy Committee.
Town Manager MacDonald said the only nomination for a candidate is Ken Minier from Southwest Harbor. He asked the Board to consider his name as a write-in candidate for the other vacant seat.
MOTION: Selectman Smallidge moved to vote for Ken Minier, Town Manager of Southwest Harbor, and Mike MacDonald, Town Manager of Mount Desert, as candidates for the MMA Legislative Policy Committee, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Cast ballot for candidates for MMA Executive Committee and Officers.
MOTION: Selectman Coombs moved to vote the slate, seconded by Selectman Smallidge. The vote was unanimous in favor.
Assessor Brushwein suggested that the position be limited to only the job of assessor and to try to tie anything else into it.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 7:48 PM, Selectman Smith moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor
Respectfully submitted,
Jeff Smith
Secretary
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