Board of Selectmen Meeting July 21, 2003 Page 1
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, July 21, 2003
A meeting of the Board of Selectmen was held this date in the Somesville Fire Station Community Room, Somesville, 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; Treasurer 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 July 7, 2003.
Selectman Smallidge requested a correction on page 5, line 21 to read Selectmen instead of Chairman.
Selectman Suminsby wanted to know why some parts of the minutes were recorded verbatim and was concerned that emphasis was placed more on one section than another. Chairman Savage explained that it was at his request because he wanted those parts to be particularly clear and guaranteed that the practice would not be continued.
Responding to Selectman Smallidge’s request, page 5 line 35 should be changed to read several thousand rather than $12,000.
At Selectman Suminsby’s request on page 6 between lines 7 & 8, insert “The artist indicated to Selectman Smallidge to try it for a week and if it (the bone sculpture) didn’t work out where it was placed, it could be moved.”
Following up on a discussion at the end of the meeting between Selectmen Savage and Smallidge and George Peckham about the relevance of a 2/3 majority vote of the Sewer Commission, Bob Smallidge clarified that it was his understanding that his committee would decide if a member were inactive or not and therefore not eligible to vote. Two members of the committee had not been attending meetings.
MOTION: Selectman Suminsby made a motion to approve the minutes of the Regular Meeting of July 7, 2003 as corrected, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
A. Letter to ME DOT granting permission to close Long Pond Road for up to six hours at a future date to be determined by ME DOT.
Town Manager MacDonald presented a letter in which he requested the DOT to give as much advance notice as possible when they need to close a portion of the Pretty Marsh Road for up to 6 hours for repairs. Because the letter referred to the Long Pond Road, Gerard Haradin requested that the name of the road be corrected to Pretty Marsh Road. Chairman Savage assured him that the correction would be made.
B. Letter from Henrietta Clews regarding Tobin sculpture on NEH Village Green.
At Mr. Peckham’s request, Chairman Savage read a letter of support about the art on the village green. When Selectman Suminsby contended that he hated to start a precedent of reading letters and Kathy Branch expressed concern, Chairman Savage explained the reading had been requested and normally would not be done.
C. Letter from Maine State Planning Office regarding cost sharing for regional Household Hazardous Waste (HHW) programs.
Selectmen expressed enthusiastic support for a regional Household Hazardous Waste collection program that would take place in Somesville on Nov 16, 2003 and hoped that such collections would occur more often in the future than 5 or 6 years, possibly more than once a year. Selectman Suminsby asked Town Manager MacDonald to determine who assumes liability for the hazardous waste that we are shipping. Chairman Savage requested Town Manager MacDonald to consider putting a line item in the upcoming budget for addressing the cost of more frequent household hazardous waste collections.
D. Adelphia, the town’s cable provider advises channel additions, relocations and drops effective August 12, 2003. (NESN) is added.
E. Hancock County Commissioners sends the Town notice of a County Task Force Public Hearing at 7:00 pm on July 22 at Ellsworth HS Auditorium.
Selectmen opted not to send a representative to the meeting because of such short notice.
F. Confirm appointment of Ellen Kappes as part-time secretary for Board of Selectmen at $14.00 per hour, appointment effective, July 21, 2003.
The vote was unanimous in favor.
G. Confirm appointment of Joseph Jacobs as Public Works Heavy Equipment Operator at $14.76 per hour, increasing to $15.92 after successful completion of probationary period. The vote was unanimous in favor.
Selectmen confirmed the appointment.
H. Approve appointment of Jason Lovejoy as salaried Acting Chief of Police at $729.19 per week and authorize Town Manager to sign “Acting Chief Agreement” that details the terms and conditions of the appointment.
MOTION: Selectmen Smallidge made a motion to approve the appointment. Selectman Suminsby seconded. The vote was unanimous in favor.
IV. Consent Agenda
A. Approve Seal Harbor Congregational Church request to use Seal Harbor village green for their Annual Fair, to be held Saturday, July 26, 2003.
B. Approve Seal Harbor Library Association Request to use Seal Harbor village green for Annual Seal Harbor Library Fair, to be held Saturday, August 9, 2003
MOTION: Chairman Savage called for a motion to waive the insurance liability requirement for use of the Seal Harbor village green for by the Seal Harbor Congregational Church on July 26, 2003 and by the Seal Harbor Library on August 9, 2003 for their respective annual fairs. Selectman Smallidge seconded. The vote was unanimous in favor.
C. Authorize Town Manager to sign ME DOT “Urban-Rural Initiative Program” (Permits continued receipt of fund from ME DOT for capital improvement of public roads. Estimated $43,140 for state calendar year 2004.)
Chairman Savage called for a vote to authorize. The vote was unanimous in favor.
V. Selectmen Reports
1. Selectman Emily Damon Pascal brought up a concern about cars parked on the way out of town on Harborside Road, Northeast Harbor, causing dangerous situations. The area is especially bad in the curving area near Harborside Inn, Grey Rock Inn and the Blake’s house. She’d had three close calls recently there. Noting that some of those houses do not have off street parking, Selectmen suggested possible solutions such as prohibiting overnight parking, as there is on Main Street, traffic cones in the road, a slower than 25 mph sign, and asking the state to put a yellow line down the center of Main St. by the post office from Summit Road to the Harborside Rd. intersection. Some people have noticed vehicles going faster since the road was widened. . Chairman Savage asked Mike to relay our concerns to
the Police Department and at least put the culverts pack by the Harborside Inn.
2. Selectman Damon Pascal asked fellow board members to consider holding Board meetings only once a month during June, July and August because of the difficulties for those who are business owners. Selectmen agreed to leave the scheduling, as it is to keep continuity and avoid a build up. Chairman Savage said that if members can’t attend a meeting, they should let him or the town manager know and they would be excused. Mrs. Branch asked what would happen if only one Selectman were present. Chairman Savage explained that a vote could not be taken in that event; three members are necessary for a quorum.
VI. Old Business
A. Consider bids for surplus floats.
Mr. MacDonald advised the Board that only two bids had been received for the floats and they were received after the bid deadline.
Selectman Coombs advised against accepting the bids as it was against the Town’s policy and to accept the bids could open the Town up for legal problems. Chairman Savage called for a motion to stay with town policy and reject the two bids because they were received after the deadline.
MOTION; Selectman Coombs made a motion that the bids be rejected, Seconded by Selectman Smallidge. The vote was unanimous in favor.
They directed the Town Manager to place an ad in this week’s paper, so that the bidders could resubmit bids.
VII. New Business
A. Authorize Town Manager to sign renewal of Blackwoods Campground Mount
Desert Wastewater Treatment Agreement.
Public Works Director Smith explained the agreement extends for 5 years extension of current agreement, which was extended last year for one-year extension. It has provides for renegotiation for new percentages once the sewer upgrade is completed for Seal Harbor and Otter Creek so that the impact of Jordan Pond House is taken into account. Responding to a question from Selectman Smallidge, he said Acadia Corp respectfully declined to make any voluntary contributions this year.
MOTION: Selectman Damon Pascal made a motion to authorize Town Manager MacDonald to sign the agreement. Selectman Coombs seconded. The vote was unanimous in favor.
B. Authorize release of funds from Seal Harbor Bait House reserve fund for repairs. Work to be performed includes replacing rotted post, strengthening stairs; replacing three windows and reshingle overhang returns.
MOTION: Selectman Coombs made a motion to authorize release of the reserve funds (Account #2850, balance $2,623.89) for repairs as per estimate from Bruce W. Walton for $1,509. Selectman Damon Pascal seconded. The vote was unanimous in favor.
C. Approve Inter-local Agreement with Acadia Disposal District.
Public Works Director Smith explained that the agreement is a version revised since a February public hearing. He expected that our percentage of the costs allocated between Trenton, the Cranberrys and Mount Desert and based on the cost of previous year’s tonnage would go down when and if Tremont and Southwest Harbor decide to join. Now we’re at 5l% of total costs.
MOTION: Selectman Damon Pascal made a motion to approve the Inter-Local Agreement with Acadia Disposal District. Selectman Smallidge seconded. The vote was unanimous in favor.
D. Cast ballot for election of officers of Maine Municipal Association.
Selectmen agreed they were not comfortable voting for something about which they didn’t know anything. Town Manager MacDonald withdrew the request for a vote.
E. Discuss Little Long Pond parking issues and possible solutions.
At Selectman Suminsby’s request, Selectmen discussed traffic and parking problems along the south side of Route 3 opposite Little Long Pond. He formally requested that the no parking area be added and enforced. He reported that Police Chief John Doyle said the town had to specifically identify the area in our traffic ordinance. Selectman Suminsby suggested amending the traffic ordinance to enforce the no parking south of Route 3 along the seawall of Bracy Cove and west of the guardrail where it starts up across from Heckscher’s driveway. It’s posted there now but the Police Chief told him he does not have the authority to ticket it. They agreed to hold a public hearing for amending the traffic ordinance at the next Board meeting and then amend the ordinance at the close of the hearing.
Doug Hopkins of Greenrock Company explained plans by the Rockefeller family to develop off street parking just north of the existing pull-off near the Mitchell Hill entrance, saying that if all goes well, the construction of the 16-car lot will begin in September and be ready for winter. Chairman Savage remarked that this is a very generous gesture.
F. Marine Management Committee discussion regarding possible NEH Marina waterfront improvements.
Town Manager MacDonald withdrew this item, asking that it be delayed until the next meeting because no members of the Committee were able to attend this meeting.
G. Consider request from Kevin LeClaire of Otter Creek for Town support to hook-up sewer to Town manhole in ME DOT right of way.
Town Manager MacDonald said he had indicated that he had found another solution.
VIII. General Issues
None
IX. Other Business
Scamp Grey requested that a formal search committee be set up for the position of Treasurer and Finance Director. Mr. Peckham pointed out that under MMA guidelines, it is the town manager’s responsibility to pick his staff with the final approval of the Board. Selectman Smallidge preferred a search committee led by the Town Manager because it would have a broader outlook. After some discussion, Chairman Savage requested that anyone on the board with thoughts on this very serious appointment write them down and present them directly to the town manager. They could be considered at the next Board meeting, one working day after the application period closes on Friday, August 1.
Gerard Haradin asked about the property re-evaluations. Chairman Savage said they would not be completed in time for next year’s 2004 tax bills but would be reflected in 2005.
Mrs. Branch asked why a car parked on Peabody Drive by Cong church for two nights was allowed to stay there. Selectmen Damon Pascal referred her to the police chief. She also about a trailer that was parked for an extended period in a handicapped lot. And barking dogs in Seal Harbor. She thinks we need more patrol.
Selectman Damon Pascal brought up the issue of noise and extremely disorderly conduct by young adults this summer at all hours of the morning on Main Street, Northeast Harbor, suggesting that physical presence rather than driving by on the part of the police might be effective. Town Manager MacDonald said if they have a call, which they have to answer, it means they can’t patrol on Main Street and mentioned the overtime budget. Jim Robinson asked if it would be worth setting up an ordinance like the one that Bar Harbor. Scamp Grey said he had had complaints from his tenants in the Pine Tree building. Chairman Savage asked the town manager to direct these concerns to the Police Chief, saying that he considered it a very serious matter and wanted to see what
is necessary be done in order to take care of it. Selectman Coombs said that the Board needs to be specific in telling the Police Chief that it wants him to take care of these things.
Jim Robinson brought up the dangerous situation being caused by too many cars, especially fat SUVs, parked near the intersection of Main Street and Neighborhood Road. Selectmen Damon Pascal asked if the traffic committee could be reactivated to review these important matters. It now consists of only 2 members. Selectman Suminsby read from the Town Comprehensive Plan agreeing that we desperately need more people to participate. Selectman Savage requested that these legitimate concerns be passed on to the right place.
X. Treasurer’s Warrants
The meeting adjourned at 6:55 p.m.
Respectfully submitted,
Emily Damon Pascal
Secretary
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