MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 21, 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 Rick Savage, Ernest Coombs, Emily Damon Pascal, Patrick Smallidge, Jerry Suminsby; Town Manager Michael MacDonald; Public Works Director Tony Smith; and members of the public.
Call to order.
The meeting was called to order by Chairman Savage at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of April 7, 2003.
Selectman Damon Pascal asked to change the minutes on page 5, line 28 to “…Mrs. Bonville suggested that in the future they should not accept them.” She also requested changing line 43 to read “ a space himself as a property owner, but was still …”
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of April 7, 2003 as changed, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~ Approve appointment of Wanda Fernald as member of Mount Desert Housing Authority, effective April 1, 2003 until March 31, 2008.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Acknowledge receipt of response from U. S. Board on Geographic Names.
Mr. MacDonald said Mr. Paine, who had requested the name change for Bartlett Island, has asked for a copy of the minutes of the meeting where this item was voted upon. Mr. MacDonald has sent him the minutes. No action was required.
IV. Consent Agenda
A.~~~~ Approve less than $10,000.00 “Surplus Items” list.
Mr. MacDonald read the list of surplus items: 1.) A lot of truck parts no longer useable by the Public Works Dept. It is to be sold as a single lot. 2.) Fourteen floats measuring 70” x 40’. 3.) A 1984 International truck, the old garbage packer truck. It is anticipated that none of these three will raise more than $10,000.
MOTION: Selectman Smallidge moved to approve the list of Surplus Items, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Authorize sealed bid process for surplus equipment and vehicle.
Mr. MacDonald said the bid forms to sell the surplus items have been changed to include more complete information on the bidder. The bidders will be asked for a 10% check to accompany the bids. The form details the dates and times when the bids will be opened and when successful bidders must pay for and remove the items. There will be public notice of the bidding process in the local papers. No action was required by the Board for this process.
C. Award septic pumping and disposal contract to Haslam Septic Service at rate of $.12 per gallon for pumping and $.12 per gallon for dumping as per proposal dated March 13, 2003.
Mr. MacDonald said Haslam Septic Service was the only company to submit a bid. The Town has budgeted $15,000 for septic pumping, enough to do about 110 systems.
MOTION: Selectman Coombs moved to award the bid to Haslam Septic Service, seconded by Selectman Smallidge. The vote was unanimous in favor.
D.~~~~ Approve Planning Board sign recommendation for MDI Historical Society.
Jaylene Roths addressed the Board on behalf of the Historical Society. They want standard blue signage available to direct visitors to the Historical Society Museum and School House. They had indicated to the state DOT where they would like the signs placed, but were told they could not be assured where they would be placed. When asked how they could find out where they would be placed, they were told by the DOT there was no way they could tell them that, and the best solution was to apply for all possible locations. The Historical Society has made all those applications, and in the end will request three signs in two locations (one post with two signs). They will ask the Planning Board to approve those three signs after accepted by the DOT.
MOTION: Selectman Smallidge moved to approve the Planning Board sign recommendation, seconded by Selectman Suminsby. The vote was unanimous in favor.
V. Selectmen Reports
Selectman Smallidge said he had heard concerns over the potential noise when the street lines were to be painted. Public Works Director Tony Smith said they would do the work with newer, quieter equipment, and work early on Sunday morning when painting conditions are right. He expects it could take two weeks to complete.
Selectman Damon Pascal was concerned about the lack of speed limit signs in Northeast Harbor village and sited some specific, potentially dangerous places with cars sometimes parked on both sides of the road. There was a discussion about the difficult areas, and the need for an active traffic committee. No action was taken, but it was generally agreed the Town would try to reactivate a traffic committee.
Selectman Suminsby reported the Ordinance Review Committee has received some good information from the state about wetland delineation for sensitive species with “Beginning with Habitat” maps; the College of the Atlantic GPS mapping project is underway and may be presented to the Board of Selectmen and Planning Board as early as June.
George Peckham asked why so much money had been budgeted for the pumping of septic tanks and how many people will use the service. Selectman Savage said the service is currently available to individuals once in five years, and requires the approval of the Code Enforcement Officer. He also said they anticipated more people hearing about the service this year and using it.
VI. Old Business
A. “Cranberry Island Parking Lot” Discussion of terms and conditions for long-term lease, fees for 2003 and other items relevant to CI parking.
Mr. MacDonald reported that Eve Harrison of Cranberry Isles said residents have until May 1 to return applications for parking permits, and the Cranberry Island land management commission has until May 6 to decide on the approved list for a recommendation to the Board. Mr. MacDonald has asked to have the list in time for the May 19 Board meeting. He also recommended increasing the parking fee to $250 per space, up $60 from previous years for inflation. Indexing for inflation was a suggestion by the Cranberry Isles. Mr. MacDonald said the Board would need to approve the new fee.
MOTION: Selectman Damon Pascal moved to set the parking fee at $250 per space, seconded by Selectman Coombs. The vote was unanimous in favor.
Jim Bright reported that the Cranberry Isles commission has heard his concerns over any one year-round household having too many spots, with other summer residents left without any space. They have told Mr. Bright they plan to allow one spot in Northeast Harbor per family, perhaps with additional spots in Southwest Harbor. He felt this would create no significant change from past years for Mount Desert.
Mr. MacDonald said Cranberry Isles is interested in having a long term lease for 123 parking spaces, and hopes to have a lease for 2004 acceptable to both towns, eliminating annual setting of fees, dealing with administrative issues, or answering questions about management of fees and permits.
B. Consider appointing committee to develop sewer fee. Motion “Move to appoint a committee to develop a system for paying for sewer costs. Committee to report with a recommendation by August 18, 2003. Committee to be comprised of 5 members appointed by the Board of Selectmen from applications received from interested residents. Applications must be submitted by May 2, 2003 with appointments made at Board of Selectmen’s meeting on May 5, 2003.”
Selectman Damon Pascal questioned if there was enough time to get applicants. Mr. MacDonald thought there would be plenty of interest, so was not concerned about the time. Selectman Smallidge was concerned about meeting an August 18 deadline for a recommendation. Selectman Damon Pascal thought that deadline was for a first recommendation, and more work may happen after that date. Selectman Suminsby favored moving it forward. He also thought it was unrealistic to consider changing state legislation for our situation, and thought the motion should include the notion that any recommendation is within the constraints of what is legally possible now. Selectman Savage thought it premature to set those guidelines at this time, though he felt the committee would very likely draw the same conclusions. He said this step was about
accepting applications and commended Mr. MacDonald on creating a good application form for committees. He wanted it known that people must apply for the committee by May 2nd, with the Board reviewing and making a decision on May 5.
Anne Funderburk suggested that the Board place a public notice in the paper about the applications to avoid any accusations of trying to deal behind closed doors, and get as large a selection as possible.
Ted Brommage asked that the Board appoint people who acknowledge there will be a fee, and that will work to create a fee that is acceptable to most people and least harmful.
Scamp Gray asked how this committee differed from the last committee that looked at it, appointed in 1995 to look at ways to pay for the sewer system. He asked why not look at what that committee had done and recommended. Selectman Savage felt there have been enough changes in the past eight years to warrant a new committee. Selectman Suminsby said he had been through all that information, but it came to no conclusions or consensus.
George Peckham felt no committee was needed or would do any good, since it was unsuccessful in the past. He said he thought there was a statute on the state books making it illegal for a municipality to charge for a service via property tax, but that language did provide for some extenuating circumstances, and it could be considered by the legislature. He also wished to comment on the three proposals: surtax, rebate, and fee similar to Bar Harbor.
Selectman Savage respectfully said he preferred not to get into the specifics of a fee at this meeting, but rather concentrate on creating a committee. Ms. Funderburk said when creating the committee she hoped there would be no litmus test or assumptions about individual positions, which would lead to more divisiveness over the issue. She hoped they would try to find common ground to find the greatest good for the greatest number, without undue burden on any one section.
Gerard Haraden had several questions about the formation of the committee:
Would they be provided legal advice?
What instructions will the Board give to the committee, will they make it clear a fee system is what they are asking for?
Will they put people on the committee who are committed to developing a fee system?
What commitment is the Board willing to make after the committee reports, will they implement a fee or put it back to a popular vote?
Selectman Coombs said the motion spoke for itself, to develop a system to pay the sewer costs. He said they would not pack it with people who either agree with the Board, nor with those who don’t want a user fee, and were trying to get away from the term “user fee.” Selectman Savage said they would have legal advice. Selectman Smallidge said the point was to bring both sides together, trying to get a compromise. Selectman Savage said he would want to see the report before deciding how to act on it. Selectman Suminsby said, as with other committees, they will be looking for people who have the time and commitment, who will work well together.
MOTION: Selectman Coombs moved to appoint a committee to develop a system for paying for sewer costs, as noted above, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
VII. New Business
A.~~~~ Lane Construction “Detour” proposal for construction project at Somesville stone bridge.
Representatives of Lane Construction addressed the Board, and said they would be rebuilding/ resetting the granite at the Mill Pond bridge, requiring one way traffic on Rt. 102 for 450’. They will provide traffic lights and signage. They estimated the amount of traffic at 6,800 cars per day at that spot, and were concerned about traffic turning off of the Oak Hill Road. They requested making that road one way for the duration of the work, to start April 28 and be completed by June 7. They would provide signs at Pretty Marsh Road and Whitney Farm Road to alert drivers. In response to a question about the details of the project, he said they would be resetting stones that have moved over time, would put in identical concrete curbs and white painted handrails. The road will have the same footprint it does now. He also
said they hope they don’t have to draw down the water level to do the work, and would work with the Somes Maynell Association to run a fish ladder if lower water levels were needed. He said they hoped to have the signs up in advance of any real work. He also said the lights would not be coordinated with the light on the corner of Rt. 198, but they could adjust the timing cycle if necessary.
MOTION: Selectman Suminsby moved to approve the detour proposal for construction project at Somesville stone bridge, seconded by Selectman Savage. The vote was unanimous in favor.
B. Consider proposal for sculpture display on NEH village green.
Kathleen Rogers, representing artist Stephen Tobin, addressed the Board, requesting permission to install Mr. Tobin’s sculptures on the village green this summer. She presented the Board with photographs of samples of his work. Ms. Rogers said Mr. Tobin, a sculptor from Philadelphia, spends time in Maine and wishes to set up a temporary exhibit of five of his nature-based pieces of work, to be on display from June to Labor Day.
There was a discussion on the historic prohibition of commercial businesses on the village green, even the lack of advertising in the area, and some concerns over liability for the Town. Ms. Rogers said this work would not be for sale, but is a traveling exhibit, and there would be no advertising other than a press release about the show.
Selectman Suminsby said he would have preferred if this request had come through the Chamber of Commerce, and noted that the Town will be looking at plans for the whole marina area. He said the idea might have broader support if fees were raised to create an improved space. Selectman Damon Pascal supported the proposal, and felt this was about art education rather than commercialization.
Addressing concerns over liability for the Town, Ms. Rogers said other such exhibits in New York City and Los Angeles had no problems, but Mr. Tobin would carry his own insurance policy to cover liability. She said the artist would work with the Town to agree on the amount of space to use for the exhibit, and suggested that any criticism of the artists work is part of the nature of such exhibits, providing stimulation and conversation.
Selectman Savage asked Selectman Damon Pascal to act as a liaison between the Board and the artist, and she accepted.
MOTION: Selectman Damon Pascal moved to accept the proposal to exhibit the sculpture of Stephen Tobin on the village green this summer, at the discretion of Selectman Damon Pascal, the Town Manager and the artist to agree on placement, pieces and dates, seconded by Selectman Coombs. The vote was four in favor, none opposed. Selectman Suminsby abstained. The motion carried.
VIII. General Issues
A.~~~~ Consider scheduling Board of Selectmen’s meetings in alternating locations.
Selectman Savage said the Town Manager had brought this up, and there have been meetings in other villages in the past, with Somesville and Seal Harbor each having equally good meeting rooms. The proposal is to hold the first meeting of each month in Northeast Harbor, and the second meeting of each month to alternate between Somesville and Seal Harbor. Mr. MacDonald said they needed a motion and a starting date, and that the location would be included on the Town web site starting in May. The web site would include an option to be included on a notification list of changes and updates.
MOTION: Selectman Damon Pascal moved to adopt a new schedule for Board of Selectmen meetings with alternating locations beginning in May 2003, with the first meeting each month in Northeast Harbor, the second meeting alternating between Somesville and Seal Harbor, being flexible as necessary, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Consider replacing concrete sidewalk in front of Town Office.
Mr. MacDonald said Public Works Director Smith indicated the concrete sidewalk was not originally included in the Sea Street construction project already approved, but the sidewalk does need some work done on it. The estimate for the additional work is $6,726 and would come out of the highway fund. There was a discussion of the conditions of the pathways around the Town Office and the need to maintain the concrete. No motion was necessary as this will be part of the annual paving work.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant(s) #11 for $256,145.60 and #36 for $230,174.14
X. Other Business
Jean Fernald asked if there would be additional police available in Somesville this summer. Mr. MacDonald said the Police Chief was recruiting and believed he would have people in place. Mrs. Fernald also asked about the cement cross walk indicators in place last summer, and Mr. MacDonald said he believed they had been discarded. Mrs. Fernald was concerned about several cross walks in Somesville and safety issues, considering the volume of traffic. Selectman Damon Pascal suggested this was another issue for the traffic committee. There was a discussion about the existence of that committee and Selectman Damon Pascal offered to work with Mr. MacDonald to revitalize the committee and find new members. Selectman Suminsby asked if the speed indicator machines were effective. It was agreed they were very effective in keeping
speeds down, and noted that the Town shares a machine with Southwest Harbor. Selectman Savage said it was made clear that the traffic committee should be revitalized, and the topic added to the agenda for the next meeting.
MOTION: Selectman Coombs moved to adjourn, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
The meeting adjourned at 8:05 p.m.
Respectfully submitted,
Emily Damon Pascal
Secretary
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