Selectman Meeting Monday, August 18, 2003
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, August 18, 2003
A meeting of the Board of Selectmen was held this date in the Seal Harbor Fire Station Community Room, Seal 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, Code Enforcement Officer Brent Hamor, Fire Chief Chris Farley, and members of the public.
I. Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of August 4, 2003.
Explaining that the errors were mainly grammatical, Selectman Damon Pascal said she had just had time to get corrections to Town Manager MacDonald that day. He had photocopied them so that the Selectmen would have the corrected copies.
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of August 4, 2003, as amended and provided by the Town Manager, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
A. Acknowledge receipt of $8,269.31 performance credit from Municipal Review Committee.
Town Manager MacDonald said the MRC is a collection of 132 communities that have oversight responsibility for the Penobscot Energy Recovery Corporation. They make sure that we’re not paying too much to dispose of our trash. The charter communities of the organization benefit by what’s called a performance credit or rebate on what is paid for the cost of deliveries to PERC. This income is credited to one of our revenue accounts. The estimated revenue for this year is $28,519. So far this year we’ve received $19,839. Since the last payment of the fiscal year is usually one that meets or exceeds the total revenue projection, the Town should reach its revenue target. He commented that it was a good thing that the Town joined the MRC when it was formed in the early 1980’s.
Chairman Savage said the item required no action.
B. Acknowledge letters of appreciation from Fire Chief Farley to department members, Robert Norwood, Todd Holbrook, Michael Kelley and Norris Reddish.
Town Manager MacDonald said Fire Chief Farley had given him copies of the letters and that he felt it was important for the contributions of these firemen to be noted publicly, the Town should recognize the efforts of those volunteers who put in many, many hours. He hoped that Fire Chief Farley would pass on his thanks to the members of the departments. Fire Chief Farley voiced his appreciation to the men for the work they have done.
C. Request from Main Street business to recommend assigning handicap parking.
Selectman Damon Pascal said it was important to have handicapped spaces in town, noting that the particular concern is in front of Henri Hairdresser who does have an elderly cliental. She is concerned about the enforcement.
Town Manager MacDonald said that handicapped parking is provided on Main Street in front of the museum. These are the only two designated spaces on Main Street.
D. Email from MMA legal responding to no parking zone near or in front of fire hydrants.
Town Manager MacDonald referred to an email from Maine Municipal Association, indicating that public notice and a public hearing is required for the board to enact any amendments to the parking ordinance.
Chairman Savage mentioned previous discussions about the need to revitalize the Traffic Committee. He asked the Town Manager to ask them to meet and give the Selectmen a recommendation for handicapped parking and hydrant parking. Selectman Coombs said there might be a state statue that would specify space requirements for access. Town Manager MacDonald said he could not find any reference specifically to fire hydrants in the Traffic Ordinance. Chairman Savage directed the Town Manager to acknowledge the letter from Henri Hairdresser with the assurance that a meeting of the traffic committee has been requested.
IV. Consent Agenda
None
IV. Selectmen Reports
None
VI. Old Business
A. Disposition of surplus floats
Town Manager MacDonald said that when three floats were put out to bid, one float was awarded to the high bidder for $200, and the other two were offered to the other bidder at 2/3 of his bid. That second bidder rejected the Town’s offer and counter offered to take the two remaining floats away if the Town paid him $100, because they were in very bad condition. Following a previous discussion with Harbor Master Boddy, Town Manager MacDonald recommended accepting the counter offer because of the expense of disposing of them. Mr. Dunn will rehabilitate them. Chairman Savage said the funds could come from the float account
MOTION: Selectman Damon Pascal moved to support the Town Manager’s and Harbor Master’s recommendation and dispose of the surplus floats, seconded by Selectman Smallidge. Selectmen Damon Pascal, Coombs, Smallidge and Suminsby voted in favor of the motion. Chairman Savage abstained.
VII. New Business
A. Consider request from Mount Desert High School reunion committee for use of NEH village green for October 4, 2003. Group requests waiver of certificate of liability requirement.
Town Manager MacDonald said when Lowell Chase contacted him about the reunion; he asked to see their plans in writing. A letter presented to the Selectmen is in part the result of the request. One issue that Town Manager MacDonald had, after speaking with Acting Police Chief Lovejoy, was that they are requesting the town to block off the end of Neighborhood Road right by the front of the Neighborhood House in order to erect a tent there in case the crowd gets larger than anticipated. Doing that would cause people coming up Kimball Road to go down a short one- way section of Main Street by the triangle and make a hard left turn back on Main Street to go out the other way. He and Acting Chief Lovejoy had suggested that the tent be moved to the lawn and sidewalk on the Rock End Roadside where it
wouldn’t cause any major traffic disruption. Scamp Grey said they had planned on putting a fairly big tent there. He didn’t see any problem with moving it off to the side that but thought the group might still want to block off a section of Rock End Road. He wondered if the Selectmen could approve that. Selectman also discussed whether or not the lawn was big enough.
George Peckham asked about the waiver of certificate of liability requirement. Town Manager MacDonald said the Town has had other users of the Town Green and other places and had required that the Town be an additional named insured on the liability insurance policy. His research had shown that it was not absolutely necessary. He was concerned about the expense to the group and whether or not they were set up as a legal organization to actually have the ability to insure itself. He recommended approval of the request to not have to name the Town.
Selectman Smallidge pointed out that if they were not in the street, they would not need the waiver. Selectman Damon Pascal was concerned about safety issues and asked about the location of fire hydrants. Fire Chief Farley thought that it would be easier to close off the street in front of the Neighborhood House rather than Rock End Road. Selectman Suminsby was concerned about the height of the tent if it were put off the side porch rather than the front. Selectmen indicated that they were generally supportive of the reunion committee’s efforts.
MOTION: Chairman Savage moved to ask the reunion committee to coordinate placement of the tent and road blockage with the Acting Police Chief Lovejoy and Fire Chief Farley and also to waive the liability. Selectman Smallidge seconded the motion. The vote was unanimous in favor.
B. Consider request from Northeast Harbor Masonic Lodge #208 100-year anniversary celebration to erect a tent on NEH village green on September 27, 2003.
Town Manager MacDonald said that Jim Nolan had spoken to him about the request.
Lodge member Bud Smallidge read an outline of the history of the NEH Lodge, saying that in order to recognize the efforts of the early members, the centennial celebration was planned and would culminate with a banquet of Sept. 27th. They thought perhaps more people would attend than would fit in the Masonic Hall and could not find another location for that possibility. If they need to use the village green, they will provide porta-potties and will be responsible for preparing and cleaning up the site. They would need to use Town water and electricity.
MOTION: Selectman Coombs moved to approve the request of the Masonic Lodge to erect a tent on the village green on Sept 27, 2003, seconded by Selectman Suminsby. The vote was unanimous in favor.
After discussion about the location of the village green, Selectmen clarified that they were referring to the green at the end of Main Street as the triangle green and the area at the Town marina park as the village green.
MOTION: Selectman Suminsby moved to waive the Town’s request for a certificate of liability just in case the Lodge needs use of the village green on Sept 27, 2003, seconded by Selectman Smallidge. The vote was unanimous in favor.
VIII. General Issues
A. Receive status report from Wastewater Cost Study Committee.
Chairman Savage commended the committee on the thoroughness of their report. Town Manager MacDonald noted that the committee had requested more time for their study and that the Selectmen’s original charge was to have the report ready by this date.
Responding to Selectmen Damon Pascal’s and Selectman Suminsby’s concerns about whether or not a deadline goal was needed, WCSC Chairman Bob Smallidge said they did not want a deadline. Their goal is to have a recommendation in place in time for inclusion in the 2004 budget. They could not be more specific than that.
Town Manager MacDonald informed the Board that the final deadline to have information is January 15 but this doesn’t leave the Board or the Warrant Committee sufficient time to thoroughly investigate the plan. He said the Board should have the report by the 1st meeting in December to allow time for 3 meetings to discuss its contents. Chairman Savage asked Mr. Smallidge if this was reasonable. Mr. Smallidge said things could fall into place quickly but that they might not. There have been health problems with the group. He could not make any promises. Selectman Smallidge wanted the committee to take as long as it needs. There is no need for a flawed piece of work, he said. He thought the committee could at least get a good start on the subject. Neither Chairman Savage nor Selectman
Smallidge favored pressuring the committee with a deadline. It was Mr. Smallidge’s understanding that the committee was not necessarily to do all the work before making a recommendation, that a bottom line is not needed for each resident. There could be a phase 2. Selectman Suminsby was concerned about volunteer burn out. Mr. Smallidge said the committee was looking at all options and agenda items that had been suggested by members to be fair to those members and so that they would have answers ready if questioned about alternatives. They want to be through by Christmas.
IX. Other Business
a. Notice of next meeting of Wastewater Cost Study Committee
The next meeting is scheduled for Wednesday, Aug 27, 2003, 6:45 P.M. in the Town Office Meeting Room, Northeast Harbor.
George Peckham asked if improvements could be made to both sides of the approach to Babson Brook Bridge. As it is now, the road in those spots is hard on tires. Selectman Smallidge agreed, saying if a trailer is being towed, it swings out when it hits that location. Chairman Savage asked Public Works Director Smith to look into it.
Another member of the public mentioned a different area on Rt. 102 in Somesville that is causing problems. Mr. Smith said that was a Department of Transportation area.
X. Treasurer’s Warrants
Signed as presented.
XI. Executive Session.
None requested.
MOTION: AT 7:11 P.M., Selectman Damon Pascal moved to adjourn the meeting, seconded by Selectman Suminsby. The vote was unanimous in favor.
Respectfully submitted,
Emily Damon Pascal
Secretary
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