Board of Selectmen Meeting, November 17, 2003
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, November 17, 2003
A meeting of the Board of Selectmen was held this date in the Meeting Room of the Somesville Fire Station, Somesville, Maine.
Those present included: Chairman Rick Savage, Ernest Coombs, Patrick Smallidge, Jerry Suminsby; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Finance Director Michael Chammings, and members of the public.
Call to order.
Chairman Savage called the meeting to order at 6:34 p.m.
Public Hearing 6:35 PM: Approve proposed additional financing through issuance of general obligation bonds by the Town in a maximum principal amount of $1,500,000 for the Otter Creek/Seal Harbor sewer project consolidation and construction of a pump station and forced main to permit discontinuance of Seal Harbor Sand Filter (Total Proposed Bond Amount $5,900,000)
Town Manager MacDonald said when the Town put together the $4.4 million bond two years ago, the figure was based on engineer’s best estimate and lacked clarified design drawings, probings in the road, or the Department of Environmental Protection’s most recent requirements. The new figure is based on the engineers’ recent take-off costs from completed design drawings. The DEP has additional mandates that include an outfall extension at the Seal Harbor plant. Inflation while the project was delayed for two years has caused the total to increase. Also the Town has been negotiating with the DEP for the past six months to get a consent decree for all the past discharge violations in the Town’s four plants. One of the components of the decree is the closure of the Otter
Creek plant.
Responding to Ted Bromage, Town Manager MacDonald said the take off drawings were the specifications sent to the contractors. The Town is asking for a sum not to exceed $1.5 million because of advice not to start a project without authorization for enough funds to build it.
Replying to George Peckham’s question if there is any chance of getting state or federal money to help with the project, Town Manager MacDonald said Finance Director Chammings is in the preliminary stages with Hancock County Planning Commission for getting a Community Development Block Grant to help pay for the elimination of overboard discharge at Otter Creek. Finance Director Chammings said the Town is applying for 2 projects: one for $100,000 and one for $150,000, the maximum amounts available under the discharge grant program.
Selectman Smallidge was concerned about the possibility of the required UV technology being outdated. William Olver, of Olver Associates said explained that 95% of the time the UV would be able to disinfect the water.
Asked by Selectman Smallidge if the DEP has given a reason for suspending the chlorination system, Mr. Olver said the DEP’s push to eliminate chlorine from drinking water has been pushed over into wastewater, especially in marine areas which might have clam-flats. Systems put in about 20 years ago did not work and tended to plug up. The new UV systems are self-cleaning and are in most states except Maine.
Dennis Smith said it’s time to stop Mount Desert’s big dig. The ante keeps being raised. The Town has no control over it and far greater costs than expected. He envisioned possible failures and did not think sewage could be pumped from Otter Creek to Seal Harbor with just one pump.
Public Works Director Smith expressed 100% faith in the engineering firms the Town has on board to address these problems. The Otter Creek plant has the potential for raw sewage going into the ocean. Extreme measures will need to be taken this fall. At the Seal Harbor plant, improvements are needed regardless of the consolidation process. The Hunter’s Brook new pipe within a pipe will be monitored on a weekly basis. He encouraged people with questions to put them in writing.
Mr. Olver said the Town is now looking at the project being started in 2005 during which time inflation will add about $200,000 to $250,000 every year. He said many of the costs have nothing to do with the proposed consolidation. Changing regulations and upgrades would impact Seal Harbor whether wastewater is pumped from Otter Creek or not. He reviewed the changes and their costs. On the Seal Harbor site, all the land that was good enough for new tanks was used in 1972. Seventy feet of marine clay is what is left around the treatment plant. It will be necessary drive piles down seventy feet to hit anything hard enough.
Valerie Tracy asked what it would cost to fix up the Otter Creek plant, compared to the new $1.5 million figure. Mr. Olver said the costs in the 2001 study of consolidating the plants were about even. There would be a savings in operating costs. The 1.5 million is really the cost for fixing up Seal Harbor. That is what has increased. He also said that if new regulations were added to Otter Creek, there would be a substantial savings, $400,000, by pumping waste to Seal Harbor.
Selectman Smallidge expressed a lack of confidence in the DEP. The EPA’s basis for closing Otter Creek seemed to lack realization that the tide goes in and out. They are forever raising the bar. The plants have operated for 30 years and no one has gotten sick. Most of their regulations exist only in fantasyland.
Alan McIlhenny asked if anybody challenged the DEP’s on their requirement for the new outfall pipe ordered for Otter Creek. This very expensive outfall has vastly more capacity than the pipes being laid in Seal Harbor. He questioned the inequality. He asked if anyone challenged the DEP about the tide range and tide velocity across the mouth of Otter Creek, the open oceans beyond, and the lack of clam flats. He didn’t think we have to sit around and take it.
Town Manager MacDonald said the Town did challenge the DEP for Otter Creek on a lot of the same questions about Otter Creek. The dispersion behind the impoundment did not have the velocities they needed to get the necessary dilution.
Mr. Olver said the Otter Creek outflow pipe from 1972 does not exist now because it has been plugged up with silt and rocks. The sewage is actually coming off at the edge of the shore. Many of the mandates from the DEP come from citizens pushing for cleaner water. The Town of Mount Desert is one if the top eight towns in Maine that the Conservation Law Foundation in Boston is considering suing for noncompliance of discharge licensing.
Public Works Director Smith said one of the driving forces was the toxicity law. The Town has been in violation of this law since 1997.
Dennis Smith said two towns in the State have similar discharges to Otter Creek and they are not being made to do a thing. He suggested discharging into the brook to change the dilution factor.
Public Works Director Smith said the Seal Harbor sand filter is somewhat similar to what Mr. Smith referred to as far as discharging into a stream with fresh water relative to salt water. The Town has five licensed treatment plants one of which is the sand filter on Cooksey Drive serving less than 20 homes. The water is really clean after it percolates down to the bottom. DEP checked it a month and one-half ago and found that the outfall had been broken up and thrown up all over the shore. Right now, it is discharging into a small stream and is in violation of state law. This is why the Town plans to replace the outfall with a pump station.
Ted Bromage asked what the cost would be if the Town tells the DEP that we are happy with what we’ve got. Public Works Director Smith said the DEP could do whatever it wants to do. Fine the Town $1 per day or $1,000 per day.
Selectman Coombs cited an incident at the Town Garage several years ago when he was told by the DEP that they could fine the Town $10,000 per day for a leaking gas tank.
Mr. Olver said the Town has put very little during the past 31 years in to the plants, which were built, for a useful life of 20 years. If DEP went away, you would still have the plants to fix. Look at it as a capital improvement, he advised.
Paul Fremont Smith noted that in some communities where the plants have failed, property values have declined considerably because people could not legally sell.
Selectman Suminsby agreed saying the Town’s economy is dependent upon a clean environment. That is why people come here. Priority one is to preserve our existence.
Alan McIlhenny doubted that anybody wants to discharge raw sewage into the ocean but asked if it makes sense to pump sewage three miles over hill and dale. A huge amount of money is going into transport. He argued the money would be better spent building a good plant in Otter Creek.
George Peckham believed the technology was totally brand new in 1970. Because of the newness of the process, we are still learning how to handle the problem.
Public Works Director Smith said the Town would be required to do outside lab tests for each plant. This year DEP has notified the Town of increased testing costs. The fewer outfalls the Town has, the less expensive treatment will be.
Chairman Savage said combining the two plants made more economic sense in the long run.
Dennis Smith did not think there would be any considerable savings in personnel with one less plant. He said that just a few years ago the town put a lot of money into the plants.
Mr. Olver was not aware that a lot of money had been put into the Seal Harbor plant. The aeration system was upgraded about 5 years ago. All that equipment will be reused.
George Peckham understood that if overboard effluent is properly treated with some type of chlorine, all the bugs are killed. Currently in Seal the pipe is under 10 feet of water and DEP says you have to go under twenty feet of water. Theoretically, the water is relatively pure. Why do you have to go out that much further, he asked.
Mr. Olver said there has been a change in viewpoint regarding the safety factor since 1972. At ten feet, low tide is not that far from where people are swimming.
Asked by Dennis Smith about cost differences, Mr. Olver said the cost to extend the outfall would probably be between $300,000 and $500,000. The pump station would be $200,000 and the outfall would not need to be tested. No firm prices have been obtained yet.
Gerard Haradan asked how much the mil rate would be raised.
Finance Director Chammings said the repayment schedule would be roughly $400,000 per year.
Chairman Savage said for every $67,000, 10 cents goes on the mil rate, therefore the mil rate would be raised seventy cents just for the sewer project.
Scamp Grey asked if there would be firm prices before town meeting.
Town Manager MacDonald said the bids would be opened November 26. Firm numbers will be available then.
After about one hour, Chairman Savage closed the public hearing.
Public Hearing: Approve authorizing crediting interest from loans made from “CAPITAL LAND ACQUISITION” account back to that account (#2630)
Town Manager MacDonald explained that authorization is needed so that the payments he has made on a loan can be added to back to the account from which it was written.
There were no questions. Chairman Savage closed the public hearing.
Minutes
A. Approval of minutes of Regular Meeting of August 18, 2003, September 2, 2003, October 6, 2003, Special Meeting of October 10, 2003, and Regular Meeting of October 20, 2003 and November 3, 2003.
Town Manager MacDonald said Selectman Damon Pascal had looked at all the above minutes and assured him that she was confident that they could be approved.
MOTION: Selectman Suminsby moved to approve the minutes of the Regular Meetings of August 18, 2003, September 2, 2003, October 6, 2003, Special Meeting of October 10, 2003, and Regular Meeting of October 20, 2003 and November 3, 2003, as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
Appointments and Communications
A. Approve appointment of Kimberly J. Parady as Recreational Vehicle Agent.
MOTION: Selectman Suminsby moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Accept with regret resignation of Warrant Committee member Daniel Falt.
No action required.
C. Confirm appointment of Kevin Edgecomb as Police Sargeant, effective November 14, 2003, at a base rate of $16.25 per hour, increasing to $17.06 per hour after successful conclusion of six- (6) month probationary period.
MOTION: Selectman Coombs moved to confirm the above appointment, seconded by Selectman Suminsby. The vote was unanimous in favor.
D. Confirm appointment of Daniel Saunders as part-time Police Patrol Officer effective November 18, 2003 at a starting rate of $11.00 per hour.
MOTION: Selectman Coombs moved to confirm the above appointment, seconded by Selectman Suminsby. The vote was unanimous in favor.
E. ANP comment letter regarding Otter Creek boat launch.
Town Manager MacDonald summarized a letter to the Town from Len Bobinchock, Deputy Superintendent of Acadia National Park in which he said that the concrete boat ramp the Town proposed to construct off Grover Avenue to Otter Cove would have to be constructed only with dirt, gravel or loose stone and that the Town would have to pay an estimated $2,000 for archeology consulting fees. The Park holds a conservation easement on the land. He said some citizens had been interested in putting a ramp inside the causeway. The Town has constructed a very steep road to the edge of the shore. It would be difficult to launch any trailered craft.
Public Works Director Smith noted Park requirements for the road which prevented it from being wide enough and said the road would be a maintenance nightmare for the Town.
Jeff Smith said it was a useless area for launching anything but kayaks. A ramp would be a colossal mistake and an absolute waste of the Town’s money.
IV. Consent Agenda
None
V. Selectmen Reports
Selectman Coombs thought a process should be started for moving the Fire Chief from his present office. Chairman Savage noted the existing space is inadequate.
Town Manager MacDonald said that he and Police Chief were considering consolidating the evidence room into another area, freeing that office for the Fire Chief. It would be better for him to stay in the Northeast Harbor office, he advised.
Chairman Savage said the Board would be looking for a recommendation.
VI. Old Business
A. Receive Wastewater Cost Study Committee Report.
Committee member Charlie Pugh presented his committee’s recommendation, which continues essentially the same method of funding the public sewer system through the property tax. In an effort to find some equity in the way that funding applies to people who pay for their own private septic systems, the Town would adopt an ordinance to provide a payment on an annual basis to qualified property owners who do not have access to sewers. Being mindful of the Town budget, the payments would be limited to year-round town residents who qualify for the Homestead Exemption Program. The committee also felt it is important to promote, encourage and support year-round residency and to at least stem the outflow of year-round working families. The program would cost
the Town about $150,000 per year. He noted that the committee’s vote to support the program was not unanimous.
George Peckham said he was one of the negative voters and that he hoped this issue would be on the agenda at another meeting when he can convey why he chose to vote the way he did. Chairman Savage said it would be on a future agenda, that he would rather not try to take action at this time.
Selectman Smallidge complimented the group on the work they did. He said he can live with the recommendation. It may not be perfect but it’s passable.
Committee member Jim Robinson said the recommendation is a compromise, the best the committee thought it could come up with. He thanked Town Manager MacDonald for his support and facilitation during the meetings.
Town Manager MacDonald said he watched thirteen people who first came together with distrust in their eyes. Some, who first had no intention of doing so, came away as good friends. He said this collaborative effort could be a role model for other Town issues and problems that seem insurmountable.
B. Approve adoption of resolution of support for Comprehensive Plan Committee
Selectman Suminsby presented a draft form of the Proposed Amendment to the Land Use Ordinance to allow cluster zoning with substantial benefits for work force housing, making it somewhat attractive if not preferably as profitable to provide housing for year round residents, rather than just for those who wish vacation homes. The State has advised the committee to 1) ask the Board of Selectmen to pass a resolution. 2) request a Town Meeting to amend the Comprehensive Plan so that all the proposed changes are reflected in it to give them legality and 3) to propose an open space development ordinance change. Some things in the amendment may need to be changed but if we don’t get started soon, it will be too late.
Chairman Savage recommended adoption of the resolution as written.
Responding to Anne Funderbunk’s questions about ground water supply and wells getting contaminated by septic systems, Selectman Suminsby said the density requirement favors projects on town water and sewers. The chances for those problems are less likely because cluster housing can be done with common septic tanks and wells.
Chairman Savage said specific concerns should be brought up and discussed later. This is not an adoption of the comprehensive plan change, he explained. It is an adoption of a philosophy, a resolution to pursue the change.
Jim Robinson said changes are definitely needed. This is the most significant project we should be looking at in the near future because the villages are slowly dying.
Kathy Branch asked if the public would be able to review the document before it goes to Town Meeting and if it will be on the web site.
Town Manager MacDonald did not see why it could not be put on the web site because the warrant needs to be ready 45 days before the town meeting.
Selectman Suminsby reiterated the planned amendment is where the committee is headed. Then the committee will be saying not only we would like to do this, but will be saying we would like to do this and this is how.
MOTION: Selectman Smallidge moved to adapt the resolution as written, seconded by Selectman Coombs. The vote was unanimous in favor.
Chairman Savage asked Town Manager MacDonald to put the resolution on the web site.
C. Provide direction to Public Works Director on Otter Creek boat launch
Selectman Coombs recommended simply maintaining the road the Town has. We can’t put in a cement landing and we shouldn’t.
Public Works Director Smith said $10,000 is in the budget for the ramp.
MOTION: Selectman Smallidge moved to maintain the road as it is in its present condition, seconded by Selectman Coombs. The vote was unanimous in favor
VII. New Business
A. Award R. F. Jordan bid in the amount of $177,956.00 for Babson Creek Bridge and Somesville Library pump station projects.
Public Works Director Smith said the pipe hangs off the Babson Creek Bridge near the traffic signals. Last winter it started freezing and raw sewage was draining into the creek. The current pump station is not a proper fit and needs to be replaced.
Town Manager MacDonald said the Town has the funding for the project. The Board of Selectmen authorized the expenditure two meetings ago
MOTION: Selectman Coombs moved to award R. F. Jordan bid in the amount of $177,956.00 for Babson Creek Bridge and Somesville Library pump station projects, seconded by Selectman
Smallidge. The vote was unanimous in favor.
B. Cast ballot for Municipal Review Committee Board of Director Election.
Town Manager MacDonald said the MRC us a citizens group that oversees the relationship with 135 communities and the Penobscot Energy Recovery Corporation.
MOTION: Selectman Coombs moved to authorize Town Manager MacDonald to cast his ballot for the candidate of his choice, seconded by Selectman Suminsby. The vote was unanimous in favor.
C. Approve and authorize Town Manager to sign “Administrative Consent Agreement and Enforcement Order” with Maine Department of Environmental Protection and authorize payment of Two Thousand dollars ($2,000) penalty as outlined in paragraph 32-E of the Consent Agreement. (Note-Penalty Amount to be charged to account 0403-2701 Legal).
Town Manager MacDonald said the Town has been negotiating with the DEP about five years worth of toxicity violations coming out of the Otter Creek plant. A letter from the town attorney who has participated in the negotiations tells us this is a good deal and that it wipes out all the past violations. It does require the Town to do three things. One is to pay the fine. Two is to begin the consolidation of the Otter Creek and Seal Harbor plants. Three is to have it completed by June 2005. He recommended Board approval of the agreement.
Mr. Olver said it is a good buy. Selectman Coombs said this is a beautiful deal. He asked what would happen if voters do not approve the closing of Otter Creek at Town Meeting.
MOTION: Selectman Coombs moved to approve Article C. as written, seconded by Selectman Suminsby. Selectmen Coombs, Suminsby and Savage voted in favor; Selectman Smallidge voted against the motion.
Selectman Smallidge said he appreciated all the work done on the consent agreement. He did not agree with complying with regulations for the sake of regulations. He believed some of the measurements and limits imposed by the DEP are so low that they border on unreality. There is no hazard.
D. Approve and sign Warrant for Special Town Meeting to be held December 8, 2003; to
1. Authorize additional financing through issuance of general obligation bonds by the Town for the Otter Creek/Seal Harbor sewer project consolidation and construction of a pump station and forced main to permit discontinuance of Seal Harbor Sand Filter (Total Proposed Bond Amount $5,900,000); and
2. Authorize crediting interest from loans made from “CAPITAL LAND ACQUISITION” account back to that account (#2630)
MOTION: Selectman Suminsby moved to sign the Warrant for a Special Town Meeting to be held December 8, 2003 for the two items as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
VIII. General Issues
None
IX. Other Business
A. Budget review of Service Group requests.
Michael Reisman of Island Connections requested $2,000 to help with operations. Last year they asked for $1,000 and received $1,000. This year they helped more than twice as many patients as previously in the Town of Mount Desert. They are now also bringing meals to residents.
Paul Fremont Smith requested an additional $3,000 for the Seal Harbor Village Improvement Society. It has been six years since they received any increase.
Rob DeRevere said the Chamber of Commerce is requesting the same amount that was approved last year.
A spokeswoman for Downeast Health Services requested extra funding for a Woman, Infant & Children program.
Carol O’Donnell, Somesville Library Treasurer, Jeff Smith and Jean Fernald spoke about the need for financial assistance to repair the bulkhead and dam on the library property.
Binnie MacDonald presented a first time request for Hospice of Hancock County.
Gerry Sweet spoke for Mt Desert Historical Society.
Mary Strout requested a repeat of $4,000 for the Seal Harbor Library.
ii. Continuing Budget review.
Chairman Savage said the Board would not review any more of the budget at this meeting.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 8:54 pm, Selectman Suminsby moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor
Respectfully submitted,
Emily Damon Pascal
Secretary
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