MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 3, 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: Chairman James Bright, Ernest Coombs, Rick Savage, Jerry Suminsby, Emily Damon Pascal; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief John Doyle, Code Enforcement Officer Brent Hamor, Assessor John Brushwein, Harbor Master Will Boddy, Treasurer Jean Bonville, and members of the public.
Call to order.
The meeting was called to order by Chairman Bright at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of January 6, 2003.
B. Approval of minutes of Regular Meeting of January 13, 2003.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meetings of January 6 and 13, 2003 as presented, seconded by Selectman Savage. The vote was unanimous in favor.
III. Appointments and Communications
A. Appoint Owen Craighead as member of Warrant Committee.
MOTION: Selectman Savage moved to approve the above appointment, seconded by Selectman Suminsby. The vote was unanimous in favor.
B. Appoint Barry Thomas as member of Shellfish Conservation Committee.
MOTION: Selectman Savage moved to approve the above appointment, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
C. Acknowledge letter of appreciation to Mount Desert Police Department from Jordan-Fernald Funeral Chapel.
No action required or taken. Mr. MacDonald congratulated Police Chief Doyle and his staff for their work.
D. Approve appointment of Karl Richard as Buildings and Grounds employee effective February 4, 2003, with a probationary rate of $11.40 per hour increasing to $12.00 per hour after successful completion of a six (6) month probationary period.
MOTION: Selectman Damon Pascal moved to approve the above appointment, seconded by Selectman Suminsby. The vote was unanimous in favor.
E. Accept resignation of Troy Cleaves as Police Patrol Officer effective January 17, 2003.
No action required or taken.
F. Approve appointment of Ryan Haines as part-time Police Patrol Officer effective February 4, 2003, with a rate of $11.50 per hour.
MOTION: Selectman Damon Pascal moved to approve the above appointment, seconded by Selectman Suminsby. The vote was unanimous in favor.
G. Approve appointment of Philip Frost as part-time Wastewater Treatment Plant Laborer effective February 4, 2003, with a rate of $10.74 per hour.
MOTION: Selectman Damon Pascal moved to approve the above appointment, seconded by Selectman Suminsby. The vote was unanimous in favor.
H. Maine Power Options notice of 30% increase in BHE electric charges.
Mr. MacDonald told the Board recent information from Bangor Hydro estimated a large increase in electric charges in the coming year, affecting the budget coming before the Town. Board members said the dollar amount could be increased for specific articles from the floor at the Town Meeting. Mr. MacDonald will work out revised dollar figures for the larger affected areas, such as waste water, public works, and marina departments.
I. Respond to request for resolve supporting option 4-B for I-395 extension.
MOTION: Selectman Savage moved to support the resolve. There was no second or a vote.
There was a discussion about the possible extension of I-395 toward Holden, or towards Eddington and Rt. 9. Board members said they didn't have enough information to make a recommendation. Mr. MacDonald will gather more information and data for the next meeting.
J. Acknowledge receipt of letter from Len Bobinchock, Acting Superintendent, Acadia National Park regarding options for Otter Creek/Seal Harbor Project.
The Town will need approval of DEP and EPA, as well as easements over Park property to extend pipes from Otter Creek to Seal Harbor. Mr. Bobinchock had responded to letters from Mr. MacDonald, saying that easements were possible but may take a year and need a full environmental study, which would mean greater cost. He said they would need to look at disturbance and settlement issues. Mr. Bobinchock said Acadia National Park was supportive of the plan to close the Otter Creek plant and pump to Seal Harbor, thereby having that land returned to the Park. The issue of relative costs of pipes going under, rather than over, the causeway have not been included in the cost figures to date.
K. Respond to invitation to attend MDI High School budget meeting on February 5, 2003 from MDI High School principal, Robert Liebow.
George Peckhamn told the Board this meeting would be a very good opportunity for the Selectmen to learn the details of all that has gone into the budget before voting on it at Town Meeting. He also said it was unfortunate that very few people ever attend.
IV. Consent Agenda
A. Approve Liquor License for 151 Main St. Restaurant.
Selectman Damon Pascal recused herself from this vote.
Police Chief Doyle said they had received no complaints about the establishment.
MOTION: Selectman Coombs moved to approve the liquor license for 151 Main St. Restaurant, seconded by Selectman Suminsby. The vote was unanimous in favor by all who voted.
B. Approve payment of $4,710.20 to Civil Engineering Services (CES) for professional services, design of Summit Road sewer, storm drain and sidewalk. Invoice to be paid from Reserve Account 2780-Summit Road Sewer.
C. Pole location and buried cable permit from Bangor Hydro Electric for Ober Mill Subdivision, Indian Point Road.
MOTION: Selectman Damon Pascal moved to approve the above items, seconded by Selectman Savage. The vote was unanimous in favor.
V. Selectmen Reports
Selectman Savage asked about the status of a Town web site, noting that Cranberry has one that is very informative and useful. CEO Brent Hamor said the Technology Committee has been looking at different companies to set up a web site and maintain it, and will bring a recommendation to the Board soon for their review and approval. It was noted that the Cranberry site has been set up and maintained by a volunteer.
VI. Old Business
A. Sign 2003 Annual Town Meeting Warrant.
B. Sign Notice of Public Hearing posting.
Mr. MacDonald offered the Warrant and the public notice for the Town Meeting prepared by the Town Clerk for the Board's signatures. They each signed the documents.
C. Adjourn for Public Hearing on the Sewer Ordinance.
MOTION: Selectman Suminsby moved to adjourn for a Public Hearing, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
Chairman Bright opened up the floor for public comment. There were no comments.
Chairman Bright asked for comments from the Board. Selectman Suminsby said this was a good time to reiterate why Article 10 was included in the ordinance; because it was parallel to other ordinances, it set a fee which provided voters a guarantee that fee is for operations and maintenance, not capital debt. He said it could have been separated out, but this is a more efficient way to have it.
Selectman Savage said he wanted to emphasize the ordinance is important for more than the fee structure, and the Town can't rely on the outdated version of the sewer ordinance. He said the Town was now at the beginning of two more projects, and things will continue to be more expensive, and the Board was totally behind it. He said Public Works Director Smith will be presenting information on the plant construction projects around Town. Selectman Bright suggested that a Board member be present at those information meetings to answer any questions about the ordinance.
Mr. Peckham asked why the Warrant Committee had voted not to recommend the ordinance. Selectman Bright said some had wanted to separate out Article 10 regarding the fee, and some didn't like the arrangement for a secret ballot at the polls rather than an open vote at the Town Meeting. He said that latter arrangement was made for broader representation at the vote, since more people vote than attend the Town Meeting.
Mr. Peckham asked if there would be another public hearing on the other secret ballot vote regarding the closing of the Otter Creek plant. Selectman Bright responded no, they had already held that public hearing, and the petition had requested a secret ballot vote.
Patrick Smallidge said the Board had the opportunity to separate Article 10 after the Warrant Committee recommendation, but chose not to.
Mr. MacDonald said they could hold one of the presentations on the Otter Creek/Seal Harbor plants at the regular meeting on Feb. 18, and another on the 24th. Mr. Peckham suggested it be pointed out how antiquated the current systems are, but that they have worked well to last these 30 years.
Bob Smallidge suggested more work must be done to inform the public about the need for the changes, which he supports. He said that holding meetings with little attendance is not enough, or not the best vehicle for getting information out. Selectman Savage said their decisions had been made on the recommendation of the engineers, not with any bias about closing one plant or another. Mr. Smallidge said he understood it will take fewer people to operate, and updates on fewer plants will save money, but that case has not been made clearly enough. He offered to help with letters to the editor, but asked for more specific information.
Selectman Savage noted that hearings for the plant construction drew very small attendance, but the meetings on the sewer fee drew large crowds. Selectman Suminsby said the fiscally responsible option is to build fewer plants. Selectman Savage said the Summit Road system is about to collapse, and waiting longer will increase the cost.
There were further comments about DEP regulations, their leniency dealing with the Town; environmental concerns of placement of pipes and cutting of trees; increases in fees in other towns to cover capital costs, which would not happen in Mount Desert if the ordinance passes; the next steps towards a fee if the ordinance fails to pass; the possibility of future ordinances changing the fee structure to then include capital costs; the authority of the Board to set fees, and of the Town to approve ordinances.
Selectman Bright closed the discussion.
MOTION: Selectman Coombs moved to close the public hearing, seconded by Selectman Suminsby. The vote was unanimous in favor.
VII. New Business
A. Introduce Tim Nickels, and Luke Damon, Fire Department Interns.
The Board thanked the two men for their new role with the Fire Department.
B. Designate committee to research and make recommendations on Town owned property.
Mr. MacDonald told the Board he had received two letters regarding property, from the Sydney Roberts Rockefeller of the Great Harbor Maritime Museum and Rick Whelan, interested in the vacant lot in Seal Harbor. He recommended the Board assign a research task to a committee, and had spoken to Marc Sevigny about the role of the Planning Board. Mr. Sevigny said the Planning Board would be interested if the Board asked them.
Selectman Suminsby said he thought it premature to assign this task to any committee since the Ordinance Review Committee is re-working the comprehensive plan, looking at Town assets, etc. He said he believed the catalyst for change should address Town needs rather than individuals' interests. He was concerned over selling Town assets for short term financial gain.
Selectman Savage said the Board was committed to giving an answer to interested and affected parties within the year, especially the Museum which may now have only a one year lease. He thought it would be negligent not to have the Planning Board review matters, believes they may come to the same conclusion as Mr. Suminsby, but in any case would only be making a recommendation.
Selectman Suminsby said the recommendation would be coming from the survey of voters, that workshops would be held for further discussions, and that to have a small committee also look is the wrong approach.
Selectman Coombs and Selectman Savage said the Planning Board can play a role attending those workshops and meetings, and acting as the reviewing committee. Selectman Bright said the Board had already committed to look at the two specific properties in question, and they should follow through. Selectman Suminsby thought the process to follow was important.
There was further discussion by the Board about the role of the Planning Board administering the LUZO, the Ordinance Review Committee as doing the planning, and their overlapping activities; the possibility of the Planning Board appointing a subcommittee for this task; the length of time for the Ordinance Review Committee to complete its work (a year); requirement by the state to inventory all town assets and resources, and the need for grants to complete that work; the results of the survey giving some direction on the matter of these two parcels.
Rick Whelan said the Town owned property that was not generating any money for the Town, and now it seemed they couldn't say when they would have any answer. Selectman Bright said he wanted a time goal on making a decision for these two parcels.
MOTION: Selectman Coombs moved to appoint the Planning Board to review the property known as the Great Harbor Maritime Museum and the vacant lot in Seal Harbor to see if the Town would be well served by selling the property, and to have the committee report back with their recommendation in the Fall of 2003. Selectman Damon Pascal seconded the motion. The vote was four to one in favor, with Selectman Suminsby voting against.
C. Meeting schedule for President’s day (2-17-03) and municipal election voting day (3-3-03).
Mr. MacDonald recommended the following dates for regular Board meetings to work around holidays, while maintaining a two week schedule:
Tuesday, February 18, rather than Monday the 17th.
Mondays, March 10 and 24, with an organizational meeting on March 4.
Mondays, September 8 and 22.
MOTION: Selectman Coombs moved to accept the above named date changes for regular meetings for 2003, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
D. Discuss long-term lease proposal presented by Town of Cranberry Isles for 123 parking places know as “Cranberry Island Lot.”
Mr. MacDonald said he has been corresponding with Cranberry Isle regarding a long-term lease on the parking lot in Northeast Harbor. Cranberry has now sent in their first proposal. Mr. MacDonald suggested creating a small group to review the proposal and make recommendations back to the Board. He noted a few items in their proposal, such as the exclusive use of the 24 overnight spots, taking care of the rentals, issuing stickers, keeping the list of sticker holders, and an initial fee of $23,000 for the lease. Town staff had concerns over several issues which need to be worked out, and the Land Management Committee should be involved.
There was a discussion about the exclusive use of overnight spots, fine collection, issuance of stickers, cost of maintenance relative to the lease fee. It was noted that all related expenses may never be covered by the lease fee, yet there were other benefits of having such a long term lease. It was agreed the concept for the long-term lease was still in place, and a small group should be formed to review the proposal. Mr. MacDonald will look at the costs and come up with a figures for a fair lease. It was noted that both Mount Desert and Cranberry Isles would like the arrangements settled for a long time.
Police Chief Doyle said he thought it better to have Mount Desert distribute stickers, but Cranberry to maintain the list. He also said it was important to keep the transient parking available to others. Selectman Bright said the list needed updating.
Mr. MacDonald suggested that a committee be formed of himself, Chief Doyle, and Jim Bright. He also said he could have good data available for the first meeting in March, then they can begin their review of the proposed lease.
VIII. General Issues
None
IX. Treasurer’s Warrants
A. Signed treasurers warrants #13 - $6,278.78 and #14 13,490.07
X. Other Business
None.
The meeting adjourned at 8:15 p.m.
Respectfully submitted,
Ernest S. Coombs
Recording Secretary
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