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Selectmen's Meeting Minutes - 06/02/2003
Board of Selectman Meeting, June 2, 2003                Page 1  

MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 2, 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; Police Chief John Doyle, Assessor John Brushwein, Harbor Master Will Boddy, Treasurer Jean Bonville, Code Enforcement Officer Brent Hamor,  and members of the public.


Call to order.

The meeting was called to order by Chairman Savage at 6:00 p.m.

Chairman Savage introduced Gordon Longsworth from COA.  Mr. Longsworth informed the audience that the students would be giving a presentation of GIS Mapping.

The students gave a presentation titled “Geographic Information Systems for Comprehensive Planning:  Town of Mount Desert -An inventory, analysis and illustration addressing Growth Management Goals”.

The presentation was divided into five different areas.

The first was a Suitability Analysis for Development.  The students used maps to look at soils, watersheds, slopes and hydrology as a means of determining where physical landscape is most suitable for development.  

The second section was Demographics. This set of maps compared the population characteristics of the Town of Mount Desert with other towns in the Hancock County.  

Affordable Housing was the third in the series and the maps compared housing statistics and need in the Town. This information showed a need for affordable housing and provided options for the future.

The fourth set of maps showed critical wildlife and habitat areas.

In the fifth step of the presentation Land Use Zoning Maps were used to show current zoning with concurrent setbacks, uses and subdivisions.  These maps analyzed conflicts between current zoning standards and future “smart growth” development ideas.  The cost of sprawl issues were examined showing where new development is occurring and how new development corresponds to a rise in property taxes.

At the conclusion of the program Marc Sevigny, Chairman of the Planning Board thanked the COA , Instructors and Students for the presentation and asked Gordon Longsworth to introduce the students.  Mr. Longsworth thanked the Town of Mount Desert for the opportunity to do the study and also thanked Bobby Williams for all of the help and support she gave the students.  Mr. Longsworth then introduced and thanked Isabel Mancinelli, Instructor and the Students.  Kevin Cunningham, Tomas Vaclavik, Zack Steele, Erin Heacock, Justin Tata, and Jamien St. Pierre .

Chairman Savage then recessed the meeting at 6:48 pm to allow the audience to have some refreshments while the COA students removed the equipment used in the presentation.

The meeting was reconvened at 7:05 pm by Chairman Savage, he thanked the COA students and praised the fine work done by them.  He spoke of the value of the information and how it could be used in the future and stated that we are on the groundbreaking edge of real change.  He opened the Public Hearings and asked for comments on the Special Amusement Permits for the following:

7:07 PM, Public Hearing was opened, Asti-Kim Corporation, DBA Asticou Inn.  No Public comment. Chairman Savage closed the public hearing.  Selectmen Suminsby moved to approve the Special Amusement Permit, Seconded by Selectman Smallidge, the vote was unanimous in favor.

7:09 PM, Public Hearing was opened, Emily Damon Pascal and Nicene Pascal DBA 151 Main Street, Selectman Damon Pascal rescued herself from this vote.  No public comment. Chairman Savage closed the public hearing. Selectman Patrick Smallidge moved to approve the Special Amusement Permit, Seconded by Selectman Suminsby, the vote was unanimous in favor.

7:11 PM Public Hearing was opened, Harbor View Corporation DBA Main Sail Restaurant.  No public comment. Chairman Savage closed the Public Hearing.  Selectman Coombs moved to approve the Special Amusement Permit, seconded by Selectman Damon Pascal, the vote was unanimous in favor.


Minutes

A.      Approval of minutes of Regular Meeting of May 19, 2003.


MOTION:  Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of May 19, 2003 as presented, seconded by Selectmen Suminsby.  The vote was unanimous in favor.

Appointments and Communications


A.      Approve the appointment of seasonal employees for the Northeast Harbor Marina:  Adam Wibby at $10.00 per hour, and William Wenger at $11.00 per hour.

Harbor Master Will Boddy explained that the higher wage for William Wenger was due to the fact, he has Law Enforcement experience and is licensed to carry a firearm and can cover for Mr. Boddy when Shawn Murphy is off.

MOTION:  Selectman Damon Pascal moved to approve the above appointments, seconded by Selectman Smallidge, the vote was unanimous in favor.

B.  Approve the appointment of Kerry Taylor as Mooring Agent.

MOTION:  Selectman Coombs moved to approve the above appointment seconded by Selectman Damon Pascal, the vote was unanimous in favor.

C.   Approve the appointment of John Wardwell as Summer Traffic Officer/Part-Time Police     Officer at a rate of $11.00 per hour.

Selectman Damon Pascal asked for John Wardwell’s qualifications.  Chief John Doyle responded that Wardwell had completed two years of college majoring in fire science, is a Fire Fighter I and EMT, and has completed the 100 hour Maine criminal justice
course.

MOTION:  Selectman Damon Pascal moved to approve the above appointment seconded by Chairman Savage.  The vote was unanimous in favor.

D  Approve appointment of Sam Coplon to Traffic Committee.

Selectman Damon Pascal commended Sam Coplon for coming forward and volunteering his services in light of the tragedy that had taken place in front of his home on the Whitney Farm Road.  She expressed hope that other members of the community would come forward to join the committee, not only to help each other and our children but to educate each other as to how we take care of our roads.

MOTION:  Selectman Damon Pascal moved to approve the above appointment, Selectman Suminsby seconded the appointment the vote was unanimous in favor.

E  Approve the appointment of Stephen M. Zirnkilton as Planning Board Alternate..

MOTION:  Selectmen Suminsby moved to approve the above appointment seconded by Selectman Damon Pascal, the vote was unanimous in favor.




Consent Agenda

A.      Approve Special Amusement Permit for Asti-Kim Corporation DBA Asticou Inn
B.      Approve Special Amusement Permit for Emily Damon Pascal and Nicene Pascal DBA     as 151 Main Street.
C.      Approve Special Amusement Permit for Harbor View Corporation DBA Main Sail Restaurant.

Selectman Damon Pascal again rescued herself from this vote.  

MOTION:  Selectmen Suminsby moved to approve the consent agenda, seconded by Selectman Smallidge.  The vote was unanimous in favor.

Selectmen Reports

Selectman Damon Pascal spoke again of the need for an active Traffic Committee.    She stated that it has underscored the need for members from all parts of the Town.  The traffic problems do not just exist in Northeast Harbor.  The entire Town of Mount Desert has traffic problems and we need our residents to be involved.

Selectman Damon Pascal also addressed the situation of the overflowing dumpsters at the Northeast Harbor Marina.  She said that on Saturday she was walking down around the Marina and not only were the dumpsters filled to the top and spilling over, there was trash piled beside the dumpsters in front and more trash had fallen behind.  It is a disgraceful situation in our beautiful Town.  Selectman Coombs agreed and stated that this has been an ongoing problem over the years.  Chairman Savage talked about the Marina dumpsters’ purpose being for the boaters coming into the Harbor and the need for better control over who uses the dumpsters.  He asked that the Town Manager and Public Works Director address the issue and perhaps come up with a solution.  Selectman Smallidge expressed his concern for the liability of the Town with regard to hazardous materials, and it is not uncommon to see gallon and five gallon pails of fuel oil.  It is an issue; the Town needs to put restrictions on what is disposed of at the dumpsters.

Suggestions of a video camera system came from a Bar Harbor resident, Mr. Fox.  He also  suggested that putting dummy cameras to make people think they were being recorded might be helpful.  Chairman Savage thanked him for his suggestion and assured him that it had been discussed before.

Chairman Savage called on Jim Bright from the floor, who asked that since they were discussing the traffic committee, what is the status of the street sweeping?  He commented that the intersection of Maple and Neighborhood Roads is very dangerous.  The sand left on the road is causing a hazard for bikes and cars.  He said the problem is caused by  the caretakers of the summer cottages sweeping the sand into the street after the street sweeper had been by, and wondered if a deadline could be set, perhaps May 15th.  Selectman Coombs stated that they are not allowed to sweep into the street or plow snow into the streets, but they do.   There was some discussion as to how to solve the problem of the caretaker sweeping with a possibility of setting a deadline for sweeping into the street, and ticketing the offenders for littering.  Chairman Savage asked Tony Smith how the sweeper was doing and he responded by saying that the old sweeper was holding together for this year but they would be purchasing a new sweeper for next year.  


Old Business

VII.    New Business

A.      Authorize Harbor Master to proceed with rescinding mooring privileges if fees remain unpaid after June 19 deadline notice.

MOTION:  Selectmen Suminsby moved to approve the June 19th deadline letter as submitted, seconded by Selectman Coombs.

Chairman Savage stated that since the motion had been made it was open for discussion and called on Jim Bright, who asked if this deadline included those mooring holders who had been told last year that if they had not purchased a boat by this year they would loose the mooring.  Chairman Savage stated he could not answer that question and asked Will Boddy if he could answer the question.  Harbor Master Boddy stated that this is mooring registration only;
that they are attacking it as best they can going harbor to harbor.  Chairman Savage asked why it could not be included in the letter as the problems go hand and hand.  Mr. Boddy said it was a possibility that it could be cross referenced.  Selectmen Suminsby asked if the letter regarding no boat could be written at the same time.  He stated that if we have an ordinance and we are not enforcing it we are doing a disservice to those who are waiting for a mooring.  He further questioned how many moorings with no boats or inappropriate sized boats were involved.
Mr. Boddy stated that it is a multifaceted thing with sizes and no boat moorings and stated that to tell you the truth I have not looked at that, it has not been high on my priority list.

Chairman Savage asked to go back to the motion that was on the table.   He indicated that they had more questions for the Harbor Master but needed to act on the current motion.  He called for a vote, the vote was unanimous in favor.

The discussion continued, and Selectmen Suminsby stated he was not asking for specific numbers but wanted to know if there were a dozen or more people who were denied moorings because the ordinance was not being enforced.  Mr. Boddy stated that there might be a dozen or so out of 700 moorings.  Chairman Savage called again on Mr. Bright who stated it was his understanding that people were required to show a registration for the boats and they had been given a year to comply with that requirement, and now it was not being enforced and that did not seem right.  Harbor Master Boddy said the ordinance was passed last summer, but had to go for a final vote in March and letters had been sent out in January.  Selectmen Suminsby stated that it seemed more of an issue of perception than an actuality.  Harbor Master Boddy said the ordinance still might not have been passed in March.  Selectmen Suminsby stated it is an ordinance and it needs to be enforced.  It is like the Land Use Ordinance and you don’t enforce that by saying we will enforce that part of it this year and wait eighteen months to enforce the other part.  We should be enforcing it.  Chairman Savage stated it might be fair to get more information from the Harbor Master at the next meeting, and have it include no boats and wrong sized boats, he asked if it could be broken down and available at our next meeting.  Mr. Boddy said it could be available.

B.      Reject the bid for Bartlett’s Island Landing Floats.

Chairman Savage asked the Harbor Master if he was surprised that he had only received one bid?  Mr. Boddy said he was surprised at that and also surprised at the price.  He had taken the price from the last floats of that size and added $3,000.00.  Chairman Savage asked if it was because the bids were put out in the spring that the response was so poor.  Mr. Boddy stated that he did not know.  Chairman Savage asked if the floats at Bartletts Island Landing would last for the summer.  Mr. Boddy said he thought they would and it would be good to put the bids out again in July.  Chairman Savage asked if they would last the summer why not put the floats in service in the spring instead of the fall?  Mr. Boddy stated they are in pretty rough shape, and they are left down all winter as there is a lot more traffic there now and the floats are in use.

MOTION:  Selectmen Suminsby moved to reject the bid for the Bartletts Landing Floats, seconded by Patrick Smallidge, the vote was unanimous in favor.

Chairman Savage stated that the recommendation is to re-bid the floats in July.  He asked about the status of the surplus bids for floats, if they had all been picked up.  Mr. Boddy said no we are still waiting for Steve Smith to pick his up.  Chairman Savage asked what the plan was.  Mr. MacDonald said that all the floats were supposed to have been picked up by last week.  Mr. Boddy said not everyone had been notified, Mr. MacDonald said that was the way the process worked, that the high bidders got their choice, and then the next bidder in line was notified.

General Issue

A.      Town Road Project Update

Chairman Savage called on Public Works Director Tony Smith, who stated that the Pretty Marsh Road Project was on schedule and a citizen who had not been in favor of the project had told Mr. Smith that it actually looked good.  Route 102, Somesville should be finished up by next week which is about a week late.  Rt. 198, they are up there today paving along the curb line and hopefully they will be paving that next week.  Sea Street they are replacing the concrete walkways in front of the building and the new concrete will not look like the old concrete,  Every other block may be dark or light.  Chairman Savage stated that despite the disruptions everyone is pleased with the improvements.  Tony Smith said that Mike Allen of MacQuinn’s was doing a great job.  

Anne Funderburke asked how wide is the remaining sidewalk along Rt. 198 and will it accommodate a wheelchair?  Mr. Smith stated that it is the same size that it was before the construction and should accommodate a wheelchair.  There is no less width.

B       Marina expansion update

Mr. MacDonald stated that after the last meeting he had talked with Harbor Master Boddy and that yes the expansion had been completed and the final invoice received.  The float sale brought in about $4600.00 total and Mr. MacDonald stated he did not know how that compared to the past but he was pleased with the results.  Chairman Savage asked if Mr. Boddy was happy with all of the expansion, the electrical, plumbing, pilings.  He replied that at this point they were happy, but August would tell the story.

C.      Veteran Motor Car Club of America request to participate in 2004 Memorial Day Parade

Chairman Savage stated that he did not think the Board of Selectmen had any jurisdiction over this parade.  It was an American Legion parade.  

Mr. MacDonald stated that this was an opportunity to do some PR and that these gentlemen had come to his office to request that they be allowed to participate.  Mr. Fox from Bar Harbor and another gentleman had asked to participate with 50 cars which were on a nickel tour.  Mr. MacDonald asked Mr. Phil Presley to explain what a nickel tour is.  Mr. Presley said that he and his wife were hosting a tour on the Island next summer and would like to participate in the parade and have the Town sponsor a “break” and supply coffee and doughnuts along with restroom facilities.  Chairman Savage said the facilities would be no problem, they are available at the Town Office, the Chamber building, and the Harbor Master’s office, but the Town could not sponsor coffee and doughnuts.  He suggested they contact the Chamber and the American Legion.  After much discussion, Chairman Savage welcomed them and said the Town looks forward to seeing them next year.

C.      Notice of Sewer Study Committee meeting Wednesday, June 11, 2003 at 6:45 PM in the Town Office.  

Mr. MacDonald stated that this was just a notice to let the public know the meeting was taking place.

IX.     Treasurer’s Warrants
           Approve Treasurers Warrants

X.      Other Business

None.

XI       Executive Session – pursuant to 1 MSRA Ch. 13 Sec. 405.6.E, to discuss an employment matter and to receive advice from counsel on same.

MOTION:  Selectmen Suminsby moved to go into executive session Seconded by Selectman Smallidge. The vote was unanimous in favor.

The executive session ended at 8:23 PM.

Selectman Coombs stated he would like to discuss the Safety Officer memo received from Public Works Director Smith.  Chairman Savage and Selectman Damon Pascal suggested it would be more appropriate to schedule the discussion at the next meeting.

MOTION:  Selectmen Suminsby moved to adjourn the meeting, seconded by Selectman Coombs.

Meeting adjourned at 8:30 PM.

Respectfully submitted,



Emily Damon Pascal
Secretary