MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 5, 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; Assessor John Brushwein, Harbor Master Will Boddy, Code Enforcement Officer Brent Hamor, and members of the public.
Call to order.
The meeting was called to order by Chairman Savage at 6:32 p.m.
Minutes
A. Approval of minutes of Regular Meeting of April 21, 2003.
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of April 21, 2003 as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
Approve appointment of Kathleen Branch, James Bright, Ted Bromage, Robert Cawley, Anne Funderburk, Kathleen Graves, Alan Joseph, George Peckham, Brian Pollard, Charles Pugh, James Robinson, and Robert Smallidge, Jr. to Study Sewer Costs Committee.
Mr. MacDonald said he had received one more application from Edith Dunham to add to this list if the Board decided to accept it. Selectman Savage asked for comments from the Board
Selectman Smallidge said he had a problem with the number of people listed to be appointed, since the Board had unanimously approved a motion for a five member committee. Mr. MacDonald explained they had received six names by the time the report went out to Board members. Six more applications were received by the time the agenda was created, and he decided to add them to the list rather than discourage participants. He suggested having five members plus two alternates, with the Board members each nominating a list of seven names, and Mr. MacDonald culling the list of the top seven to form the committee. Selectman Smallidge clarified that this was then the list from which to select, and Selectman Savage said it was up for discussion whether just five or the full list would be appointed.
Selectman Suminsby suggested appointing two people as liaisons from the Water District Board, noting several of the applicants serve on that Board. He was also concerned about having too many on the committee. Selectman Damon Pascal suggested following the town Manager’s advice, taking a week to review the applications and make seven nominations, including two alternates. She said twelve people sounded great, but may be too many people. Selectman Savage said he had no problem with twelve people, and was excited to see the group of people that had applied, representing a variety of views. He said there was a consensus of those he had spoken with on both sides of the sewer issues to put divisiveness in the Town behind. He believes all that have applied are sincerely interested in coming up with a solution. He also
believes that due to natural attrition, scheduling problems, etc. twelve is not too many, and will provide a variety of input not possible with a smaller group. He said he was in favor of keeping the larger group. He said they should choose their own spokesperson and chair, set schedules and assignments, and supposed that some may offer to act as alternates, and will ultimately leave a smaller group than will start out.
Selectman Smallidge said he had reservations because 1) this was not what they had voted to do and twelve was asking for trouble; 2) a number of applicants had sent along requests for specific parameters for this committee before they would serve. He said he was concerned about the committee being over-represented with a near majority of one viewpoint from the start, when a compromise is what’s desired. He said that loading one group of people onto the committee wouldn’t work.
Selectman Savage said he didn’t believe the committee was loaded, and the application process had been fair and well advertised. Selectman Smallidge said he thought it was a good group of people, but believed they should pick five. Selectman Suminsby said he thought the primary issue was to form a committee that functions well together, whether it’s five or twelve. He said this was an opportunity to do some community building, not taking sides, but it should still be an efficient committee and wanted to hear comments from the applicants. Selectman Damon Pascal said she believed a group of twelve could get together for the betterment of the Town, appoint a chair, and do whatever else required. She also said she didn’t believe any one group was out to get the other, and all tax payers were part of this
community.
Val Tracy said there will be sides, it can’t be helped, but wants a committee to be fair and even between sewer and non-sewer users, plus alternates.
Bob Smallidge said he thought it was even on the list with six on and six off sewer. He also said that looking at three or four plans to review and present to the Board might work better with twelve people, and that the goal is to develop a plan, not to decide whether a change in the funding of the sewers is desirable.
Ted Bromage said he was one of the people who had sent a letter to the Board, part of a group that was nervous of the process, but is ready to work on it. He said after looking for eight months at the issues he knows there is a lot of work involved in fleshing out the available options. He said there is fear of the unknown of how this will affect individuals, and knows it will take a lot of work.
Anne Funderburk said she is on the sewer system, and it was important to have a committee that represented as many different views as possible. She said she has no firm opinions on the matter now, she doesn’t know enough yet to hold a firm position, and her position may change over time. She said no one will get all their needs met, but a larger group will provide more opinions and options to come up with something successful.
Brian Pollard supported Selectman Damon Pascal’s comments, believing the group could work together, and was comfortable that this group could hold active debate though they may hold different points of view. He said this large group has all the basis for success and hopes the Board will give the whole group a chance to look at all the alternatives and come back with one or two good suggestions.
Jim Robinson said everyone would normally be concerned over a committee being loaded one way or the other. He suggested that to avoid implications of too much pressure from any one side, a two-thirds majority be required on any vote, so people on both sides would support a viable recommendation, and allow the minority third to prepare a minority report. He also said that thirteen was a large group unless things were compartmentalized so everyone was working on specific tasks, and not trying to do the same thing at the same time.
Jim Black said that at the end of the process the committee would need to extend forward with tremendous credibility in Town, recognizing the Town is divided. Sydney Roberts Rockefeller suggested that using a facilitator would be an excellent way to get the group started on the right track, that their services would be free and offered to suggest some names.
Ted Bromage said he and others feared the August deadline for suggesting a plan. Selectman Damon Pascal said she believed the August deadline was a only a recommendation, and was intended to keep things moving forward, knowing it may take much longer. She said the Board was taking a big step by forming this committee to get input, and offered to help facilitate the committee in getting started in organizing smaller work groups.
Selectman Smallidge asked about the previous committee’s work and the status of the information on their reports. It was noted that information is available in the Town Office. Selectman Savage said he didn’t want to tell this new committee what to do. Selectman Suminsby said he didn’t feel this committee should exhaust every possible option, and there was not the time to do the engineering on each possible option.
Selectman Savage asked a motion to appoint the full group to form a committee, including the 13th applicant. Selectman Suminsby asked that if the group finds they can’t work with such a large group they return to the Board and ask to have it reduced.
MOTION: Selectman Suminsby moved to appoint the 13 applicants named above to Study Sewer Costs Committee, seconded by Selectman Damon Pascal.
Selectman Damon Pascal made a footnote to the motion to have a representative of the committee report back in a month that they have met and organized themselves.
The vote on the motion was four to one in favor, with Selectman Smallidge opposed. The motion carried.
Dennis Smith asked if Town funds are spent relating to this committee he would like to know where it’s coming from since it was not voted on at Town meeting.
There was a discussion about the time for holding the first meeting of this committee. Selectman Savage recessed the Board meeting for five minutes so that committee could assemble and set a date. The meeting resumed at 7:05 pm. The committee reported it will hold its first meeting on Wednesday May 14 at 7:00 pm at the Town Meeting Room.
Buddy Brown suggested to the Board that future Town Meetings include a microphone for speakers from the floor so all may hear better. Selectman Savage said his point about hearing difficulty was well taken.
Approve appointment of Jean Graves Fernald to the Traffic Committee.
MOTION: Selectman Suminsby moved to nominate Jean Graves Fernald to the Traffic Committee, seconded by Selectman Coombs. The vote was unanimous in favor.
Request from Bobbi Williams to schedule COA student presentation for 06-02-03 meeting.
Ms. Williams said students from COA have material to present to the Board and Ordinance Review Committee. The presentation would take 45 minutes. She suggested making the presentation earlier in the day of a normal meeting. Selectman Savage asked about making a 15 minute synopsis at the Board meeting. Ms. Williams said it was a visual presentation that would be good for any of the board members to see. After some discussion it was decided to hold it at 6:00 pm on Monday June 2, and will be open to the public. Ms. Williams described the project as mapping based on the Town’s Comprehensive Plan, done by four students based on the ten state comprehensive goals. Some of those goals include: suitability analysis for development, looking at soils, slopes, watershed hydrology, distance to service centers, etc.; zoning and
subdivision ordinances looking at setbacks, tax assessment data, affordability of land, etc.; demographics, comparisons to other towns in the region for affordable housing and demographics; critical plant and wildlife habitat, joining up with the Park and other towns on the island.
There was a discussion for adding reports on this to the Town web site. Ms. Williams said they hoped that all the maps could be added to the site. Selectman Suminsby said that issues such as the sewer system are a symptom of growth patterns in the Town, and we have a structure now as a result of the planning done twenty years ago. He suggested that foresight and better planning then might have eliminated current problems, and this is the time for finding solutions to some of the symptoms and moving on to address the real problem, which is dealing with growth patterns.
Acknowledge receipt of Amended Notice of Violation from ME DEP.
Mr. MacDonald said the DEP has written with amended language on notices of violations in Otter Creek and Seal Harbor. The language has been amended to indicate that the Town has plans to address toxicity issues there, and that this was good news.
Acknowledge receipt of Worker’s Compensation refund of $5,841 from MMA Risk Management Services.
Mr. MacDonald said this was a refund because our experience rating had been good for the previous year, without a bad loss ratio. He said employees should be congratulated for working safely in the past year.
Acknowledge receipt of notice from National Park Service advising of gift of conservation easement for Squid Island.
Mr. MacDonald said The Nature Conservancy was going to give its conservation easement on Squid Island to the National Park Service. This would present no loss of revenue to the Town, since the easement was already exempt. The Town was offered an opportunity to respond, but since it presented no impact to the Town Mr. MacDonald recommended it pass with no comment. It required no action by the Board.
Acknowledge notice from Mount Desert Water District of rate increase application to PUC.
Mr. MacDonald said they were seeking in effect a 24% rate increase for the Town. Their expenses have gone up $910,000 per year, and by statute the Town is responsible for 30% of those expenses. So there is a $27,000 unbudgeted expense for hydrant rentals for the second half of the year if the rate increase goes through. He also said if the Town wished to contest the rate increase we must get 15% of the users to sign a petition to present to the PUC in Augusta.
Mr. MacDonald said the budget reflects a 5% increase for half the year, based on conversations with the Water District last year, making this about a $20,000 unanticipated expense for just the hydrant rental. He said there were probably other water charges that will also be over budget. The Water District Manager has said the Town could work out payment arrangements if they didn’t have the money budgeted, and try to catch up after the budget is passed in 2004.
No action was required or taken.
IV. Consent Agenda
Approve Liquor License for Elmer Beal, Jr. & B. Allison Martin for the Burning Tree Restaurant, 69 Otter Creek Dr, Otter Creek.
MOTION: Selectman Suminsby moved to recommend approval, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
V. Selectmen Reports
Selectman Damon Pascal report on meeting with artist Steve Tobin’s representative Kathleen Rogers.
Selectman Damon Pascal said she, Anne Marie Hart, and Sydney Roberts Rockefeller had met with Kathleen Rogers, representing artist Steve Tobin, to discuss the placement of his sculptures on the Village Green. They arrived at a recommended plan for five pieces which are educationally and environmentally appropriate to be placed in such a way to allow use of open areas for children to play in. Anne Marie Hart explained that since the elementary school grounds are under construction this summer, Neighborhood House had approached the Town about allowing the town children to use space on the Village Green. She said the proposed sculptures were appropriate for climbing on, made noises, were musical, and would be great exposure for the children as new art forms.
Buddy Brown was opposed to the idea of placing statues on the green, noting past instances and disagreements. He said there had been a rule made by a past Board that there would be no statues placed there.
Sydney Roberts Rockefeller supported the idea, encouraged people to approach the idea with an open mind, noting it would not be there forever, and said she would like the statues removed earlier returned to the green. She thought this should be looked at as a beneficial learning experience for the community.
Selectman Damon Pascal asked Public Works Director Tony Smith what the schedule was getting the picnic area in condition for summer use. Mr. Smith said they were currently painting lines and sweeping, they were down one person who was out with surgery, but were pretty much on schedule for this time of year.
Selectman Savage asked Mr. Smith about the timeframe for road construction in Town. Mr. Smith said it was scheduled for completion by June 7.
Selectman Smallidge said someone has requested using his own equipment to film Board meetings.
Selectman Savage noted it had been Jim Robinson who originally inquired about videotaping meetings and asked Mr. Robinson if he wished to address the Board. Mr. Robinson said he understood the matter would go to the Technology Committee, but had heard nothing from them about it, nor had he received any return calls from the Town Manager about it. He said he thinks it is a common thing to have filming available on public television, realizes it will not happen soon with our current cable provider Adelphia, and it’s time to get a video record. He noted some significant errors in local newspapers, and believed that video records will be the form used in the future for reviewing the activities in meetings, more than written minutes.
Selectman Suminsby was very concerned about what becomes the public record. He said now there is a two meeting process to review the written record, to correct misquotes or misrepresentations. He said that Adelphia does offer a public access channel. He said there had not been a discussion of making a video part of the public record, and that it may require two locations of cameras and microphones to hear speakers better. He thought the initial suggestion of a single camera viewing the back of speakers from the public was open to getting a one sided, biased record that would accomplish very little. He said the point was to participate, not scrutinize.
Selectman Savage said he didn’t want to minimize what Mr. Robinson wants to accomplish, but believes that videos have not worked well in Bar Harbor. He said it was something he was willing to explore, that no money had been budgeted for it, and there has been no change in what is considered the official record of the meetings. He said this would be an informational thing but would have no official capacity.
Mr. Robinson said it was only to be informational, to be recorded from beginning to end of the meeting and made available from the library. Selectman Savage said he would put it up to a vote of the selectmen to allow an individual to do at their own expense. Selectman Suminsby said he would be more comfortable with a vote at Town Meeting, thought introducing a camera and microphone would inhibit some speakers, and it was premature for him to support it. Mr. Robinson said he had heard similar objections to having a tape recorder at the meetings, yet now it is common practice. Selectman Savage said the tape recordings were not part of the official record and were for the benefit of the recording secretary.
Selectman Coombs said he had no problems with anyone taping the meetings. Selectman Savage said if he wanted to go ahead at his own expense, the Board would not object. Selectman Suminsby said he objected to it as showing only one side of a discussion. He said according to the Technology Committee you would not be able to record anything useable unless you used a microphone. Selectman Damon Pascal thought a video recording would not take away anything from the current written record. Selectman Suminsby wondered what would happen when there was a contradiction between what was archived at the library on video and what was archived in the Town office in writing. Kay Graves asked why there would be a contradiction. Selectman Suminsby said there would be an audio quality problem, and it was introducing something we would be
better off without. Sydney Roberts Rockefeller said the technology is available to get good sound with easy to use equipment. Robert Collins said the issue of what is the official record is determined by the Board, and there should be no fear of someone who might have missed a meeting to view it later. It was noted that the approved minutes are the only official record. Selectman Savage said if Mr. Robinson came with a camera to record a meeting he would not object, but until it came up at a Town Meeting for a vote it would be at his own expense.
Selectman Suminsby asked if someone should check with MMA about it, and Mr. MacDonald said it was a public meeting and couldn’t stop anyone from recording it. Selectman Suminsby said he was not in favor of having a recorded record. Selectman Savage said no matter what it was called now, it would not be part of the official record.
Brian Pollard said he considered any new recording, other than the one being done for the recording secretary, to be a gross invasion of privacy and totally unacceptable. He also said if there were any media recording he would not speak and that the problem is with attorneys who might twist what has been said to be something other than intended. He said if there were a recording available for a few days for those who missed a meeting that would be better than archiving something forever.
Mrs. Tracy asked how you could prevent anyone from viewing something once it was recorded. Selectman Suminsby said if this one instance was allowed, then all requests for recording should be allowed. He thought it should be done properly with Town funding.
Selectman Damon Pascal asked to table this discussion.
Kay Graves asked how the matter of videotaping was left. Selectman Damon Pascal suggested it be put on the agenda for the next meeting, and not unofficially give permission. Selectman Suminsby also suggested legal advice be sought on the matter. The Chairman, Town Manager and Mr. Robinson all agreed to that recommendation.
Selectman Suminsby said he had seen a town report from Penobscot that was very impressive as a permanent and archival quality record. He said he felt our town reports are probably not kept by townspeople. Selectman Savage said he remembered the Town receiving state awards for the quality of its reports, which it has not received lately. He suggested that it be discussed again when the bid process for printing the reports comes up, and working with the Warrant Committee to ensure higher caliber reports.
VI. Old Business
None
VII. New Business
Discussion of Acadia National Park participation in Otter Creek/Seal Harbor sewer project.
Mr. MacDonald said he has set a meeting date with Acadia National Park Superintendent to discuss the Parks payment toward the sewer consolidation project and the Blackwoods Campground renewal contract. Mr. MacDonald hopes to also bring the Jordan Pond House into a combined agreement of the Park’s responsibility for the combined sewer construction cost. He said that without a sewer fee we can’t ask Jordan Pond House to make any contributions.
Selectman Smallidge asked if Mr. MacDonald would be using the same model for Jordan Pond House as currently used for Blackwoods Campground. Mr. MacDonald said yes, but they do know the volume of water going in to Jordan Pond House since it is measured, while Blackwoods is not. He would use that measure to calculate the amount of demand on the system. He said the first meeting is just the starting point for the discussions. He also said the formula for Blackwoods makes them responsible for 37% of the annual cost of operating the Otter Creek Treatment Plant, including the cost of replacement parts. Selectman Smallidge asked if there had been a sewer user fee in place would they still have paid for parts. Mr. MacDonald said yes, that had been the contract with them.
There was a discussion of the Park, with Jordan Pond House and Blackwoods Campground, being a partner in the capital costs for the sewer plants, rather than just a user of the system. If a user fee is developed, Mr. MacDonald said he would like to keep capital expenses as a negotiating point with the major users of the system for their share of depreciation on equipment. Selectman Savage said he was satisfied with the position of the Town in the discussions.
Approval of Steve Tobin sculpture display on NEH green.
Buddy Brown said the Board should reconsider having such a display in that space. He said an art display was fine, but not there, and that other sculptors work in Town and may want their own displays.
Selectman Suminsby asked for a visual plan for the location of the sculptures. Selectman Damon Pascal offered a drawing, with the sculptures around the perimeter at the end closer to the tennis courts and parking area, with nothing at the far end. She said the artists name would not be on the work.
George Peckham noted the expense for the artist of generating photos of his work and placing them on the site, so asked what was the motivation for the artist beyond the love of art. Selectman Damon Pascal said that was the reason, for education and the genuine love of art. She said it should bring beauty, harmony, education, but also controversy and even the controversy is great. She said she hoped an art committee might be developed some day. She has not asked the artist how he is funding the expense of placing the works, but he is spending the funds for the enjoyment of the Town’s residents and visitors. She thinks that many summer residents would like to see the local community taking part in recognizing art.
There was a question about the need for a concrete pad foundation under the sculptures, but it was noted no such concrete pad was needed. Selectman Smallidge said though skeptical in the beginning, he supported the idea of bringing in some outside influence to perhaps inspire children in art. He also noted this was just for one summer. Selectman Damon Pascal suggested other works were possible in the future. When asked about liability for the Town, Ms. Damon Pascal said the artist was holding his own insurance policy for liability. There was a discussion about future requests for displays of artwork. Selectman Savage said in the future the Board might vote against a particular request.
MOTION: Selectman Smallidge moved for approval of Steve Tobin’s display of sculpture on the Town green, seconded by Selectman Savage. The vote was four to none in favor. Selectman Suminsby abstained. The motion carried.
VIII. General Issues
Timberland Boot Co. request to hold photo shoot May 16, depending on whether, at the northeast outlet of Long Pond into Ripple Pond, west side of Ripple Road, with donation of $500 to the Town.
Mr. MacDonald said Timberland Boot Co. has approached the town requesting permission to take photos in Town by the outflow dam at Long Pond. They have offered $500 to the Town. Mr. MacDonald recommended giving permission. It was noted they have a certificate of insurance.
MOTION: Selectman Damon Pascal moved to accept Timberland’s request to do a photo shoot on May 16, depending on weather, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Contract with coop to maintain ticket booth at Marina for $1.
Mr. MacDonald said the coop has sent a lease to the Town office, along with the $1 fee, and he requested permission from the Board to sign the lease on the Town’s behalf.
MOTION: Selectman Damon Pascal moved to authorize the Town Manager to sign a lease with the coop for maintaining a ticket booth at the marina, seconded by Selectman Smallidge. The vote was unanimous in favor.
C. Public water line to Otter Creek.
Selectman Savage said a request from citizens has come into the Town office to lay a pipeline for public water to be placed in an expanded trench in conjunction with the sewer pipe construction project between Otter Creek and Seal Harbor. He said it would require state requirements for two different pipes, but it would not be a Town project, so not a Town expense. He said he did not have all the information, but it merited discussion.
Buddy Brown said such a project had been raised around Peabody Drive, but the bid was higher than anticipated so it didn’t go through. He said it had been mistake not to do it then.
Selectman Savage said he thought if the request is strong enough, it should come through the Water Company. Mr. MacDonald said about one year ago the request had been made. There was some investigation, and there must be both vertical and horizontal separation between water and sewer lines, so the trench must be deeper and wider. The Water Co. has no interest in developing it , and suggested to residents they develop their own quasi-municipal water district to get state funds. He said there are some concerns over well water shortages in summer, but that the Town doesn’t have the money for the project, and has not committed any funds for it. He said if there were someone to pay for it now and cap it until further plans were developed that would be an attractive plan.
There was a question over ownership of the lines. Mr. MacDonald said it would be a quasi-municipal water district, such as the Mount Desert Water District, which has offered to manage it by supplying the water and handling the billing. There was some discussion about accessing the different pipes. Selectman Savage said that unless they received a request from some official capacity, the Town would not pursue the project.
Public Works Director Tony Smith said ideally DHS would like two separate trenches to deal with problems of ruptures and siphons. He said it is late in the process of construction to work out strict environmental permits and deadlines with DEP. Selectman Savage said he thought they should not pursue it further.
There was a discussion of where Acadia National Park draws their water, and the possibility of Otter Creek accessing that water. It was noted they have just a seasonal line.
IX. Treasurer’s Warrants
Approve and sign Warrant #39 for $70,455.72, #41 for $3,524.63 and #42 for $11,506.53.
X. Other Business
A. Resolve, commend students of University of Maine, Orono, Civil Engineering Department CE 411 class for report and recommendations for improving NEH marina, Town Office Building and village green parking.
Mr. MacDonald said the students had done a very impressive job on their recommendations, and each of the five different groups had something to offer to improve the marina area. He noted the students were all fourth year civil engineering students working on geo-technical, environmental, transportation and structural issues.
MOTION: Selectman Suminsby moved to adjourn, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Emily Damon Pascal
Secretary
| 
