Board of Selectmen Meeting July 7, 2003 Page 1
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, July 7, 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; Assistant Town Manager, John Brushwein; Public Works Director Tony Smith, Finance Director Jean Bonville, and members of the public.
Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of June 16, 2003.
Selectman Damon Pascal asked to change the minutes at the request of Finance Director Bonville to reflect that her letter was stating her intent to retire not resign.
MOTION: Selectman Damon moved to approve the minutes of the Regular Meeting of June 16, 2003 as corrected, seconded by Selectman Suminsby. The vote was unanimous in favor.
III. Appointments and Communications
A. Accept with regret retirement notice of Police Chief John Doyle.
The Board accepted with regret Chief Doyle’s letter stating he would be retiring as of August 1, 2003.
B. Appoint Tony Smith as the Town of Mount Desert Board of Director’s representative
to the Acadia Disposal District. Appointment is for a three year term effective June 18, 2003.
MOTION: Selectman Suminsby moved to appoint Tony Smith, as the Town of Mount Desert Board of Director’s representative to the Acadia Disposal District, seconded by Selectman Smallidge. The vote was unanimous in favor.
IV. Consent Agenda
None
V. Selectmen Reports
Selectman Suminsby has been speaking with the engineers working on the Hunter’s Brook Bridge, where the sewer lines will cross the road, and they are including in the design all of the potential culverts that may be needed for fiber optics, power and other cables. He said there should be a way of putting Bangor Hydro and Verizon etc on notice that the culverts are there and should be used so that we may recoup some of the installation costs. Tony Smith responded that the engineers had contacted all of the utility companies with that information.
Chairman Savage reported that he and Assistant Town Manager Brushwein had met with the Summer Residents Association and the Chairman had outlined the Board’s activities for the fiscal year, Town Meeting, and present day activities. The SRA was very receptive and they asked very good questions.
Chairman Savage asked Assistant Town Manager Brushwein to summarize his presentation; John spoke about the re-evaluation process schedule, telling the SRA that all of the new values will be assigned by the summer of 2004 and that they will be used for the actual bills for the tax year 2005.
Chairman Savage expressed his dissatisfaction and the dissatisfaction of the residents over the lack of progress on the Somesville Bridge. He asked Tony Smith to address that issue with the State and try and expedite the finish of the project.
VI. Old Business
A. Safety Officer for the Town of Mount Desert.
Selectman Coombs stated that Public Works Director Smith had asked that this item be tabled until the July 21, 2003 meeting.
VII. New Business
The following is verbatim from the tape recorded minutes:
Chairman Savage called on Selectmen Suminsby “this is related to the exhibit but it is not directed to Patrick’s request. We did not receive the indemnification until after our last meeting and I still think we have some issues with it. Mike has signed this as duly authorized but I have gone back to the municipal handbook and I need to clarify where we have the statutory authority to allow it because the municipal handbook says that if private concessions or events are located in a public park the municipal officers must be involved in the contract process and the municipal officers must have voter approval to sign any such contract unless the contract authority has been granted to them or to a recreation committee or some similar committee by ordinance charter or prior Town vote, and I
don’t know if we have passed that test.” .
Assistant Town Manager Brushwein - “There is a catch-all article in the Warrant annually that probably addresses that.
Finance Director Bonville - “There was also an article a few years ago that allows you people to lease out that area. You have the authority”
Selectman Suminsby- “We do?”
Finance Director Bonville – “Yes”
Selectman Suminsby – “Subsequent to the Memorial being put in?”
Finance Director Bonville – “I don’t remember what year it was but it allows you to contract that area for whatever”
Selectman Suminsby – “What about granting a license as well? That’s the ah”-
Finance Director Bonville – “I don’t know anything about a license, but you were given the authority to put stuff down there.
Selectman Suminsby –“Yeah, my problem is the legality of taking it from permission to granting a legal license, I wish, it would have been prudent to have more time to review this and to have this reviewed by the Selectmen other than just simply just signed by the Town Manager, I, we can speak to Mike at a later date on that. But I think it should be tidied up”
Chairman Savage - “Well, now that you bring it up, it should be tidied up but there is no one here qualified to answer your question without some research so if you would like us to go beyond just bantering this back and forth then we probably should.”
Selectman Suminsby – “Well, I just want to make sure that we are doing things appropriately here”
Chairman Savage – “I understand that”
Selectman Suminsby – “We are establishing a precedence and we never went back to say, what and where, when these issues come up we are taught to go back and say where do we get the authority to do, it and we didn’t take that step.”
Chairman Savage – “I appreciate everything you said and I am trying to accommodate you by saying that with all due respect,
if I said we did have the authority to do this you should not believe me and if you said we don’t have the authority to do this I shouldn’t believe you, without having somebody research this.
Selectman Suminsby – “That said, I am not sure it is appropriate to have additional discussion at this time, I was hoping I would have a chance to speak to Mike as to whether we need to have a motion to ratify this indemnification
Assistant Town Manager Brushwein – “Since I have not had a chance to even look at it I can not comment on that. The only thing I can say is that I will bring it to Mike’s attention and you can have it on your agenda for the next meeting.
Chairman Savage – “Perhaps the minutes will reflect this conversation.
Chairman Savage then called on Harvey Heel. Mr. Heel said he thought it was the 1994 or 1995 warrant that gave the Selectmen authority to regulate the activities in the park.
Chairman Savage said that he wants to have research done, and although he will accept anyone’s opinion right now it is just that, an opinion. The minutes are to reflect this conversation and our concerns, and would be a directive to Mike to look into this situation for us.
VII. New Business
A. Approve Personal Property Tax Abatement for Redfield Affiliates in the amount of $252.50 due for tax year 2001. Equipment has been removed, tax uncollectible.
Assistant Town Manager Brushwein quoted the State Statute, which allows the abatement of
taxes when the taxes are deemed uncollectible.
MOTION: Selectman Suminsby moved that the Board of Selectmen approve the
personal property tax abatement in the amount of $252.50 for Redfield Affiliates for 2001
Seconded by Selectman Coombs, the vote was unanimous in favor.
B. Approve disposition of surplus refuse truck as outlined in memo from Public Works Director Smith.
MOTION: Selectman Coombs moved that the Board dispose of the refuse truck as outlined in the memo, seconded by Selectman Suminsby
Chairman Savage asked Public Works Director Smith to explain the situation to the public. Mr. Smith explained that the old refuse truck had been advertised as surplus equipment and the highest bid we received was $830.00, which the Board had rejected. Jim Greenlaw has negotiated a trade of the old truck and $750.00 for a new dump body, worth approximately $5,000.00 which will be used for the snow plow truck Director Smith feels that this is an excellent deal for the Town.
Chairman Savage stated that he also felt it was a good deal for the Town and he called for a vote.
The vote was unanimous in favor.
VIII. General Issues
A. Planning Board to review permitting of temporary items in Shore land Zone.
Assistant Town Manager Brushwein addressed this issue by saying that he had researched the definitions of a structure, both the State definition of a structure and the Town’s definition of a structure in a shore land zone, and this is not an issue and does not need to go before the Planning Board, the Town’s ordinance is clear enough. He stated that the question came up because of the art, and in Mr. Brushweins’s opinion as well as the Code Enforcement Officer’s opinion they are not structures and the shore land zoning does not apply. However, in order to completely avoid the problem the Code Enforcement Officer suggested they are put back 250 feet and there will not be an issue. The Town Manager measured and they were all placed at least 250 feet back.
B. Consider motion-“Requiring “Bone Wall” sculpture to be relocated to north side of tennis court.”
Selectman Smallidge stated to Kathleen Rodgers that he thought that they had made it quite clear that the Bone Wall Sculpture was not to be placed in view of the memorial. He stated that there are a lot of people in the community who although they were in favor of the art they are not happy about the placement of the bone wall. He stated that two residents were in tears.
Chairman Savage called for the motion to be put on the floor
MOTION: Selectman Smallidge moved that the Selectmen ask Mr. Tobin to please move the bone sculpture to the north of the tennis courts, seconded by Selectman Suminsby
Chairman Savage opened the motion for discussion.
Selectman Smallidge said the older residents were the ones who were the most opposed to the placement, because of painful memories.
Selectman Suminsby expressed his view that the art should be moved to show good faith and to be considerate of the residents it offends.
Kathleen Rogers, the artist’s representative, pointed out that when the sculpture was placed Mr. Tobin had moved it from the original position to the location it is currently in at the request of Mr. Heel. It would be a very difficult feat to move the sculpture. A flatbed truck would be needed along with a crane and technicians at a cost of upwards of several thousand
Chairman Savage called on members of the public, for their comments. Diana Story, a summer resident of South Shore Road, spoke against the art exhibit; her son David Story spoke in favor of the exhibit; Martha Dudman also spoke in favor of the exhibit as a good thing for the Town and its citizens. Valerie Tracy expressed her opposition to any cluttering up of open space. Kathy Branch requested that all of the art be moved from the green.
Selectman Suminsby again reiterated his request to have the bone wall moved.
Jim Bright expressed the opinion that he was offended that people wanted it moved and there were people looking at the memorial all day long because of the sculptures. Sydney Roberts Rockefeller also expressed sentiments in favor of the bone wall. Sally Merchant asked that the Board not vote in favor of moving the bone wall.
Chairman Savage stated that there is no side to this issue and everyone involved has lost loved ones, himself included, as well as a classmate who is on the Memorial and he is not offended by the sculpture and does not feel that it should be moved
Harvey Heel again spoke of his desire to have the sculpture moved.
Selectman Smallidge said the artist had indicated to him that they should try it for a week and and if the bone sculpture did not work out it could be moved.
David Story asked if the bone wall was representative of war; Ms. Rogers answered him by stating that it is a sculpture of nature that it represented how the buffalo gave way to the domestic cow.
Assistant Manager John Brushwein spoke regarding the entire process stating that the Board had not been specific enough in granting the permission for the placement. However unfortunate it may be, they had made a decision and they needed to stick with the original decision. The substantial cost involved should not be born by the artist and the Town could not bear the cost. In the future the Selectmen need to have more specifics before they vote.
Selectman Coombs commented that if there has been a mistake made, the Selectmen made it not Mr. Tobin.
Chairman Savage asked the recording secretary to read back the motion.
MOTION: The Selectmen ask Mr. Tobin to please move the bone sculpture to the north of the tennis courts.
Chairman Savage then called for a vote:
Selectmen Suminsby and Smallidge voted in favor of the motion and Chairman Savage, Selectmen Damon Pascal and Coombs opposed. The motion was defeated.
IX. Treasurer’s Warrants
Chairman Savage asked that the warrants be moved to the end of the meeting agenda for this meeting and all future meetings.
X. Other Business
A. Determine meeting schedule for September, suggest September 2 and 16 (5 Monday month)
MOTION: Selectman Damon Pascal moved that the Board of Selectmen move their September meetings to Tuesday, September 2, 2003 and Tuesday, September 16, 2003 seconded by Selectman Coombs, the vote was unanimous in favor.
B. Consider town office closure for Friday December 26, 2003 (unpaid, allow hourly employees to use vacation, personal or comp time days)
MOTION: Chairman Savage moved that the Town Office be closed on Friday, December 26,
2003 and hourly employees use vacation, personal or comp time, seconded by Selectman
Coombs. The vote was unanimous in favor.
C. Wastewater Cost Study Committee will meet July 9, 2003 at 5:00 PM to tour wastewater treatment plants and MD Water District facilities. Tour to be conducted in 15-passenger van with stops at various facilities.
George Peckham questioned the Board of Selectman as to how they intended to handle the recommendations of the committee as presented to them regarding wastewater funding. “Does the Board plan to implement it themselves or do they plan to put it out for a public vote?” Mr. Peckham indicated that the Board’s answer would influence which plan he voted for in committee.
After much discussion between the Board and members of the public, the conclusion was that until they had the committee recommendations they could not and would not say how they would decide. The discussed the relevance of a 2/3 majority vote of the wastewater committee and clarified, that the committee would decide if a member was inactive and ineligible to vote. The Selectmen need the committee’s recommendation and the facts in order to make an informed decision regarding the implementation.
The meeting adjourned at 7: 52 p.m.
Respectfully submitted,
Emily Damon Pascal
Secretary
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