MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, January 13, 2003
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: Selectmen Ernest Coombs, Rick Savage, Jerry Suminsby, Emily Damon Pascal; Town Manager Michael MacDonald; Public Works Director Tony Smith; Treasurer Jean Bonville, and members of the public.
Call to order.
The meeting was called to order by Selectman Savage at 7:00 p.m.
Minutes
A. Approval of minutes of Regular Meeting of December 16, 2002.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of December 16, 2003 as presented, seconded by Selectman Suminsby. The vote was unanimous in favor.
III. Appointments and Communications
None.
IV. Consent Agenda
A. Award Print Bid for the Town Report to low bidder, Bangor Letter Shop.
MOTION: Selectman Suminsby moved to accept Bangor Letter Shop bid to print the Town Report, seconded by Selectman Coombs. The vote was unanimous in favor.
V. Selectmen Reports
Adjourn regular Selectmen's meeting for Public Hearings
MOTION: Selectman Coombs moved to adjourn to Public Hearings, seconded by Selectman Suminsby. The vote was unanimous in favor.
Public Hearing, One-year extension of Great Harbor Museum Lease.
Sydney Roberts Rockefeller said the one year extension of this lease will make it difficult for the Great Harbor Museum board to do planning and fundraising. When asked about pursuing other options, she said they had planned to pursue a five-year extension until requests came in from other parties interested in the space.
No further public comments.
Public Hearing, Five-year extension of Seal Harbor Bait House Lease.
No public comments.
Public Hearing, Furnish, install and maintain three (3) high-pressure sodium streetlights at Somesville Wastewater Treatment Plant.
When asked why the lights were needed, Public Works Director Smith responded they were for safety and security reasons. Patrick Smallidge said he agreed they would be good for safety.
No further public comments.
Public Hearing Furnish, install and maintain one (1) high-pressure sodium streetlight at Northeast Harbor Wastewater Treatment Plant.
There was a discussion about pointing the lights downward and placing cones around the base of the lamp post.
Public Hearing, 2003 municipal expense budget.
Mr. MacDonald requested some final changes to the budget relative to recent information on Workers' Compensation rates. In the Personnel section 0474, he requested increasing line 2082 - Workers Comp from $65,441 to $67,896, and reducing line 2806 - Sal Adj-Non-Union from $29,082 to $21,972.
MOTION: Selectman Suminsby moved to accept the changes proposed to the budget, seconded by Selectman Coombs. The vote was unanimous in favor.
Mr. MacDonald noted there was an overall budget increase of 8.4%.
Patrick Smallidge asked if the $400,000 set aside to reduce/offset taxes in the past will be added to the budget. Mrs. Bonville said no, there is an article to bring the $400,000 forward, but that wouldn't be increased.
Dennis Smith said there was always in increase in the budget and it was getting harder to pay for it each year.
Gerard Haraden asked if the increase included calculating the income from a sewer user fee. Mr. MacDonald said the part of the budget presented reflects only the expense side, and that the revenue side does not include fee income because of complications of reducing taxes. Mr. Haraden noted the Treasurer warned the Board of those complications last year to be prepared for this. Selectman Savage noted that all the town assessments were increased, for the county, elementary and high schools. Selectman Suminsby said some of the town expenses are up for reasons beyond the Board's control, such as workers comp payments.
Kathy Branch asked about a worker safety program for the Town. There was a discussion about such programs, the cost of implementing and/or associated incentives and possible savings from fewer injuries. Mr. MacDonald said there is no such program now, but they are looking into it. Selectman Coombs said the safety programs do take place every year.
Nor further comments on the budget.
Public Hearing, Sewer Ordinance.
Dennis Smith said Article 13 concerning a connection fee was troubling, giving the Board power to set fees, and placing another burden on home builders. Selectman Savage said there was already a connection fee in place in the Town, and that many parts of the proposed sewer ordinance are not new. Mr. MacDonald said the new proposed fee would provide a better balance between large and small residences, rather than the current flat fee of $100/house.
There were comments made about the changing nature of the Town. Patrick Smallidge recalled previous votes by the Town related to sewer bonds and large expenditures. He said the sewer fee was put into place to get votes for a sewer construction bond, and that was a bad precedent to set.
Jim Clunan asked about the user fees for churches, and suggested that adjustments be made for special usage buildings. Ted Bromage compared the role of the Board setting a sewer user fee to fees for moorings, marina use and dog licenses, where voters have no say in the rate or any increases. He noted the Board has the authority to set such a fee without a Town vote.
Selectman Suminsby said having a yes/no vote on the sewer fee alone would not accomplish things. He said including it in the ordinance is the correct way to proceed with a vote by the Town and is included for management of the fee. It does not include a specific amount, but defines what the fee is for. Mr. MacDonald said state statutes give authority to the Board to set a fee, and other statutes give authority to collect fees.
Selectman Savage said it was unfortunate that the fee was dominating the discussion of the ordinance since the Town is mandated to make changes to the sewer system. He noted problems with Summit Road section of the system which needs work and may be mandated to have expensive changes made for repairs. He said the Town will be looking at more bond issues in the future. Faced with mandates, they asked professional advice from Olver Assoc. and are now following that advice, that the sewer fee is a small part of the issue, and even though it's a hot topic, it won't make the other issues go away. Selectman Coombs said the fee could have been left out of the ordinance to be voted on separately.
Jane Zirnkilton asked about odors coming from the Seal Harbor plant now and how they would handle that problem once the Otter Creek station is closed and material pumped to Seal Harbor. Selectman Suminsby said the plans for the plant include alleviating the odor problem.
There was a discussion on voting on the fee separately, using this issue as an opportunity to bring the community together and put the issue behind us, and the possibility of enacting a fee even if the ordinance is defeated. There was a discussion about the requirements to be connected to the sewer if you are within a certain distance, even if a home already has a septic system. It was noted that has been in the current LUZO since 1978.
Stephen Somes said he wondered why the fee continues to create such division, since it seems right to pay for the service if using it. Mr. Haraden said if the ordinance didn't pass the effort will be even further behind, with taxes always going up, and that people will just have to get used to the fee if it passes. Bob Smallidge said it will be good to have non-residents connected to the sewer pay for the service, Mr. MacDonald noted that would be possible. Ms. Branch asked about cutting off people who didn't pay their fee, just as a utility would.
Selectman Savage closed the hearing on this topic.
Public Hearing, Otter Creek/Seal Harbor citizen initiated petition.
Dennis Smith said the construction project to close the Otter Creek sewer station and pump everything to Seal Harbor will be a nightmare. He said pipes or pumps could have failures that will create raw sewage problems. He said such events are unlikely but not impossible, but there are no such problems now with two separate systems. He said the problem relying on engineers' advice is that they profit by the construction, so that will be their advice.
Bill Olver of Olver Assoc. spoke of his experience with the Town of Mount Desert and other towns in Maine. He said the system is on the verge of complete failure now, though taxpayers and sewer users don't realize it; one plant is the norm in other towns; the four plants were a $35 million value, but the federal government paid 90% of the cost; very little money has been spent on capital improvements over the last 30 years; the average life of a plant is 20 years with regular upkeep; we now face mandated changes and may be in violation and face lawsuits. In 2000-2001 they put out a capital expense plan to prioritize upgrades; the Otter Creek plant is in the worst shape; the cost for transferring to the Seal Harbor plant was the same as fixing both plants, but there would be a savings on operational costs for lab tests,
licenses and personnel. He said any sewage under pressure could cause problems, but that the pump station in Otter Creek should be no more problem than other pumps.
George Urbanek of CES talked about pumping from Otter Creek to Seal Harbor with modern systems, with backup systems in case of failure and generators for electrical outages, so complete failure is unlikely. He displayed a sample of the pipe material, high density polyethylene 3/4" thick, melted together with no seams or joints, flexible to accommodate shifting land beneath. He said the gravity line in Seal Harbor is adequate to carry the flow, and the state of the art odor control in Seal Harbor is planned. He said the plans address all of Mr. Smith's concerns and more.
George Peckham questioned the cost Dennis Smith suggested for extending the outflow pipe in Otter Creek, thinking it would be $1.2 million rather than the $670,000 Mr. Smith suggested; he trusted the engineers to earn their livelihood by designing efficiently, and said we must depend on their skills; and the sewer line running under a brook between the Asticou and Sea Street worked well, showing such things can be well designed.
Mr. Urbanek said the Seal Harbor plant expansion should allow for future growth of 2-3 times its current capacity.
Mr. Haradan asked Dennis Smith about his credentials to give advice on the plants. Mr. Smith said he had worked at the treatment plant for 7 years and had plumbing experience for many years. He thought the engineers verified there would be problems; that making this change is a change forever and that Otter Creek residents will have to put up with the construction problems.
Alan McIllheney, as a retired engineer, agreed with Mr. Smith's concerns; he was not convinced it is a sound plan and didn't see huge savings. He thought four plants properly maintained was a good plan.
Edie Dunham had questions about the length of outflow pipe for Seal Harbor after closing Otter Creek, and the option of a holding tank in Otter Creek for outflow only at high tide, which was rejected by the DEP.
Selectman Suminsby said the future savings are not just in construction costs, but in exposure to meet mandates on three or four plants. Mr. Smith asked about closing Seal Harbor as well, and pumping to Northeast Harbor. Mr. Olver said they had looked at that option, but thought the $9 million cost too high.
This public hearing was closed.
Public Hearing, Ordinance Review Committee LUZO changes and Ordinance Review Committee Subdivision Ordinance changes.
Robert Coolidge said the proposed changes to the ordinances are non-controversial, and that a survey of the town will be reviewed before making any major changes. He said issues in Appendix A on the Subdivision ordinance are all covered elsewhere, so the proposed change will eliminate it.
There was a discussion on the number of surveys sent out and received back.
No further comments.
The public hearings were closed.
VI. Old Business
None
VII. New Business
A. Approve and authorize Town Manager to sign Agreement with AFLAC for 125 Cafeteria Plan.
Mr. MacDonald explained this was part of the union agreement for their benefits. He read the following resolution adopting a flexible benefits plan:
WHEREAS, the Authority wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the employer's eligible employees.
NOW, THEREFORE, BE IT RESOLVED, that the authority hereby adopts the Flexible Benefits Plan (consisting of the flexible benefits plan document, the Adoption Agreement, and component benefit plans and Policies) for the Employer named herein below effective as of the date specified in the Adoption Agreement.
RESOLVED FURTHER, that any officer of the employer may, without a further resolution, execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the plan or maintain its compliance with applicable Federal, State and local law.
MOTION: Selectman Suminsby moved to adopt the above resolution, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
B. Act upon comments or recommendations received on Great Harbor Museum Lease Warrant.
MOTION: Selectman Coombs moved to approval the one year lease for the Warrant, and recommend adoption, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
C. Act upon comments or recommendations received on Seal Harbor Bait House Lease Warrant.
MOTION: Selectman Damon Pascal moved to approve a five year lease for the Warrant, and recommend adoption, seconded by Selectman Coombs. The vote was unanimous in favor.
D. Act upon comments or recommendations received on Streetlight Warrant, Somesville WWTP.
MOTION: Selectman Damon Pascal moved to approve the installation and maintenance of streetlights at the Somesville WWTP for the Warrant, and recommend approval, seconded by Selectman Suminsby. The vote was unanimous in favor.
E. Act upon comments or recommendations received on Streetlight Warrant, Northeast Harbor WWTP
MOTION: Selectman Damon Pascal moved to approve the installation and maintenance of a streetlight at the Northeast Harbor WWTP for the Warrant, and recommend approval, seconded by Selectman Suminsby. The vote was unanimous in favor.
F. Act upon comments or recommendations received on2003 Municipal Budget.
MOTION: Selectman Suminsby moved to accept the proposed budget, dated January 9, 2003, with noted changes in Personnel 0474 section lines 2802 and 2806, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
G. Act upon comments or recommendations received on Sewer Ordinance.
MOTION: Selectman Coombs moved to accept the ordinance as written, dated January 6, 2003, for the Warrant, and recommend passage, seconded by Selectman Suminsby. The vote was 3 to 1 in favor, with Selectman Damon Pascal opposed.
H. Article 4 of Warrant: Shall the Town of Mount Desert close the Otter Creek sewerage treatment plant and pump the waste to the Seal Harbor sewerage treatment Plant?
MOTION: Selectman Suminsby moved to recommend passage of the above article, seconded by Selectman Savage. The vote was unanimous in favor.
I. Vote on Revenue Articles 8-25 of the Warrant.
Article 23 will change to $618,726. Article 25 will be $1,753,905.
MOTION: Selectman Suminsby moved to approve and recommend passage of the revenue Articles 8-25 of the Warrant, seconded by Selectman Coombs. The vote was unanimous in favor.
VIII. General Issues
None
IX. Treasurer’s Warrants
Approved Treasurer’s warrants #3 - $65,562.43, #4 –$10,151.70, #5 - $242,010.29
X. Other Business
None.
MOTION: Selectman Damon Pascal moved to adjourn, seconded by Selectman Savage. The vote was unanimous in favor.
The meeting adjourned at 9:35 p.m.
Respectfully submitted,
Ernest S. Coombs
Recording Secretary
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