MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Thursday, December 18, 2003
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Seal Harbor Fire Station Community Room, Seal Harbor, Maine.
Those present included: Chairman Rick Savage, Selectmen Ernest Coombs, Patrick Smallidge, Jerry Suminsby (from 6:43 p.m. to 9:54 p.m.); Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Wastewater Cost Study Committee members Kathy Branch, Jim Robinson, George Peckham, Recording Secretary Ellen Kappes; 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 December 1, 2003, Special Town Meeting December 8, 2003 and Board of Selectmen's Meeting December 8, 2003
Selectmen postponed approval of the above minutes because those of the Special Town Meeting, December 8, 2003 were not yet available and because Secretary Selectman Damon Pascal was not present. No Board of Selectmen's Meeting was held on December 8, 2003.
III. Appointments and Communications
A Approve appointment of James Robinson to Ordinance Review Committee.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Approve appointment of John Wardwell as Police Patrol Officer effective December 16, 2003 at an hourly rate of $13.00 per hour, increasing to $13.65 after successful completion of training at Maine Criminal Justice Academy.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
C. Approve appointment of Mark Keller as Police Patrol Officer effective December 16, 2003 at an hourly rate of $13.00 per hour, increasing to $13.65 after successful completion of training at Maine Criminal Justice Academy.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
D. Letter from owners of 11 Sea Street offering portions of the lot for public sidewalk.
Town Manager MacDonald said the property owners were offering an easement for a public right of way for a sidewalk on the Sea Street portion of the lot. They would build the sidewalk to the Town's specifications.
Public Works Director Smith said the sidewalk would not be built out into the street.
Town Manager MacDonald said Tax Assessor John Brushwein and CEO Brent Hamor had concerns about this. If there is a sidewalk, they can put the gulley where they want to. If they don't have a sidewalk they have to place the building five feet back from the property lines. The sidewalk dead ends at the lot next door. They wondered about the result of forcing people out into the roadway.
Public Works Director Smith saw the reason for donating the property as a way to reduce the five feet setback.
Selectman Coombs did not see a lot of benefit to the sidewalk which would just go up by that lot and then stop, ending before the next house. There already is a sidewalk on the other side of the street by the Docksider.
Town Manager MacDonald thought there has to be a compelling reason for the sidewalk. Once they give it to the Town, it becomes the Town's maintenance and liability responsibility.
Selectman Smallidge said it is a nice offer but that he did not think the Town needs it because of the sidewalk on the other side of the street.
MOTION: Selectman Smallidge moved to respectfully decline the offer of the property for a public sidewalk, seconded by Selectman Coombs. The vote (3 to 0) was unanimous in favor of declining the offer. Two members of the Board were not in attendance.
E. Letters from owners of automobiles offering vehicles for emergency rescue and fire training.
Town Manager MacDonald said that Fire Chief Farley recommended acceptance of the vehicles. They would provide a good opportunity to practice with the Jaws of Life rather than simulation.
Selectman Savage said tanks used for training had been left behind the Somesville firehouse for a long time. He was concerned that the same thing will happen with the vehicles. Town Manager MacDonald said the Fire Chief assured him there would not be any debris left. He will check with the Fire Chief about the tanks.
MOTION: Selectman Coombs moved to accept the vehicles, seconded by Selectman Smallidge. The vote was unanimous in favor.
At this time, Selectman Suminsby joined the Selectmen's meeting.
F. Planning Board Minutes
No action was necessary.
G. Acadia Disposal District Minutes
Public Works Director Smith said the group met that day. They are investigating purchase of EMR and have asked Darrell Phillips to participate in the negotiations. He will formulate some questions and report back. Also, it appears that Southwest Harbor will join next year.
Chairman Savage noted Robert Coolidge, representative for owners of the 11 Sea Street property had just come in. He repeated the Board's decision about the sidewalk proposal for him.
Mr. Coolidge said a year ago the town extended the sidewalk up from the Town Office. He thought linking the harbor to Main Street would be good. This would be a step towards that link. The zoning on the south side is commercial while on the other side it is residential. Traffic would be along the commercial part.
Selectman Suminsby asked why we would shoot ourselves in the foot. The opportunity is now. With the right of way, he did not see the down side except for maintaining a short section of sidewalk.
Public Works Director Smith did not foresee the Town continuing the sidewalk. To do that the Town would probably have to take land from the Hamlin property. There is no room by Full Belli Deli. He thought a sidewalk along the Carters' property would be more functional.
Selectman Suminsby realized obtaining property in front of the Hamlin's was problematic but said it would be short sighted not to keep this opportunity open.
MOTION: Chairman Savage moved to reconsider the issue, seconded by Selectman Coombs. The vote was unanimous in favor.
Chairman Savage wanted to look at the whole issue which includes an offer from Alice Carter of a strip of land for sidewalk on the Main Street side of the Manchester property. He had talked with her about continuing the sidewalk around the corner and down Sea Street on that property. He was not sure how the sidewalk could get by Full Belli Delli.
Mr. Coolidge said his client is also asking for a sidewalk along Firehouse Lane. He thought the only time critical thing is the Town warrant.
Town Manager MacDonald asked for more information from Mr. Coolidge by December 29th in order to give the Public Works Director, Fire Chief and Code Enforcement Officer an opportunity to comment. Responding to a question from George Peckham, he said the Town attorney had advised him that the best way for the property owners to retain road frontage, would be to give a right of way easement.
Mr. Coolidge said the owners were planning for housing and some retail space in their proposed building.
Public Works Director Smith would like to see a cross-section for review.
Chairman Savage wanted to treat both proposals as one.
Town Manager MacDonald said Mrs. Carter was only talking about the strip in front of the parcel, not rounding the corner. One reason why they want a sidewalk is to keep people off the grassy area. They are tired of picking up animal waste and human trash.
Chairman Savage asked Mr. Coolidge to be prepared with a presentation treating both the 11 Sea Street and the Carter proposals as one with the ability to round the corner for the December 29 Selectmen's meeting.
Selectman Smallidge moved to table the subject until the next Selectmen's meeting, seconded by Selectman Suminsby. The vote was unanimous in favor.
IV. Consent Agenda
A. Approve signature cards for Kimberly Parady, Joelle Nolan, and Michael Chammings.
Town Manager MacDonald withdrew this item from the agenda. All the paper work is not ready.
V. Selectmen Reports
1. Selectman Smallidge referred to the Planning Board minutes. He supported the idea of cluster housing but thought it was too narrowly focused on rural sections. He wanted it focused more in the villages where services already exist.
2. Selectman Smallidge said he was also concerned with the depth load of bonds the Town has on its plate between the school and the sewer bonds. He would like the Treasurer to calculate the actual value of the services the county gives the Town and to see how that matches the amount of money the Town sent to it. He would try to save services that are directed specifically towards our residents. He is reluctant to pay $600,000 per year if it is not getting close to that amount of services. Finance Director Chammings said he would see if any other towns had a format for figuring the requested calculations. He and Selectman Suminsby discussed the possible effects of the Town reevaluation.
3. Chairman Savage thanked the highway department for the extra effort they've had to put in during the last couple of weeks.
VI. Old Business
A. Human Resources Committee Merit Pay Plan Presentation
Darrell Phillips gave his annual compensation and benefits review for the 2004 budget. He said personnel expenditures amounted to 43% of the Town budget. He matched Mount Desert's data with other towns with summer residents, tourism, coastal communities and other similar issues to see how competitive this Town is. Looking at 2003, he said the Town's budget for pay is well in control, under spent by $6,000. Last year it was way out of line. 3 1/2%, that's what you should consider in your budget considerations, he advised.
Chairman Savage said the Board would be discussing this item soon.
B. Consider Rural Wastewater Support Ordinance.
Town Manager MacDonald said that at the last meeting the Board had asked for an ordinance developed on the recommendations of the Rural Wastewater Support Committee. He outlined the terms of the ordinance. He thought a maximum 326 people are eligible to take advantage of the program. The document leaves it up to elected officials to determine the base number for payments and the length. If Selectmen decide to accept the ordinance, it would be their decision to put it as a Town meeting warrant item for consideration in an open meeting or as a referendum. Because of the number of people who have expressed conflicting views about this matter, he put a line in the waster water budget for it but with no figures.
He replied in the negative to Selectman Suminsby's question whether or not he had received a response from the Town attorney regarding the Town Comprehensive Plan.
Chairman Savage asked the Board how they wanted to present the ordinance to the voters, as a referendum item or on the floor of Town Meeting.
Selectman Smallidge preferred the Town meeting option.
Selectman Suminsby wanted to wait until they receive an opinion. He thought this is something that is very contrary to the existing Comprehensive Plan policy.
Chairman Savage said it did not behoove the Selectmen to rewrite the ordinance.
Selectman Suminsby said this is a good deal for existing residents with septic systems. He was concerned with possible demographic patterns and said it would add $15,000 to the bottom price of a rural piece of land. It is a raw deal for new people. You're encouraging a sprawl pattern with more affluent owners, he said.
Selectman Smallidge disagreed, asking if this would make a house in town $15,000 cheaper. He and Selectman Suminsby discussed the ramifications.
Chairman Savage said they were debating the ordinance. He thought they should resign themselves to the ordinance as presented.
Selectman Suminsby wanted to send the ordinance back to the committee, saying we need a long term solution not a short term political fix.
Selectman Coombs preferred to see the ordinance presented as a referendum.
Chairman Savage thought the referendum offered a voter the opportunity to express his feelings in the privacy of a booth without the emotionalism at a town meeting. He wanted to move on it because he thought the Board had been postponing too many things. He suggested to Selectman Suminsby that because it is an ordinance, it is open for amendments and changes as its needs grow.
Selectman Smallidge said this aid in maintaining septic systems may be saving people from having to move away. For once politics may not have the correct solution; it has one we can work with.
Selectman Suminsby said we're on record for asking for a legal opinion and now we're going to say, well, it's about time we forget about it and move on. If you want this proposal implemented, it has to be in a way that has some legal standing. If you're going to back it, back it properly couched in our existing policy or with an amendment to our policy, he cautioned.
MOTION: Selectman Smallidge moved to put the Rural Waste Water Treatment Support Program Ordinance on the Warrant as a referendum question, seconded by Selectmen Coombs. The vote was 3 to 0. Selectmen Smallidge, Coombs and Savage voted for the motion, Selectman Suminsby abstained. The motion carried.
George Peckham said that he hoped that, before the Town meeting if someone wants to talk about this whole thing, one of the Selectmen will suggest that the population had all the opportunity in the world with hearings and everything else and that it's a done deal, let's get on with it.
Town Manager MacDonald said the public will have an opportunity to comment. Our charter requires a public hearing on the Warrant articles before the Town Meeting.
VII. New Business
A. Approval of $1,500,000.00 supplemental Sewer Bond and authorize Treasurer to execute the documents.
Finance Director Chammings presented the Selectmen with several pages to sign.
Chairman Savage read the authorizations.
VOTED: That pursuant to the Constitution and laws of the State of Maine and under authority granted by Section 5772 of Title 30-A, Maine Revised Statutes, as amended and the Charter of the Town of Mount Desert, and pursuant to action of the voters of the Town at the Town Meetings held March 4 and 5, 2002 and December 8, 2003, and any other applicable authority under the laws of the State of Maine thereto enabling, the Treasurer and a majority at least of the Selectmen of the Town of Mount Desert, Maine are hereby authorized to execute and deliver the general obligation bond or bonds of the Town of Mount Desert in an aggregate principal amount not to exceed Five Million Nine Hundred Thousand Dollars ($5,900,000) (the "Bonds"), the proceeds of the Bonds to be used to finance the design and construction of improvements to the
Town's wastewater treatment and collection system, including, but not limited to closing the treatment plant at Otter Creek and constructing a pump station, force main, intermediate pump station and gravity sewer as required to convey the Otter Creek wastewater to the Seal Harbor treatment plant or to construct a subsurface disposal system; and upgrading and expanding the Seal Harbor treatment plant as well as to close the Seal Harbor sand filter and construct a new pump station, force main and connector to the Seal Harbor Treatment Plant (the "Project"); said Bonds to be executed and delivered on behalf of the Town to the Maine Municipal Bond Bank in the aggregate principal amount not to exceed $5,900,000 to be executed by the Town Treasurer and counter-signed by a majority at least of the Selectmen of the Town, and to be at such interest rates, and for a term not to exceed thirty (30) years and to be on such further terms and conditions as may be established by the
Maine Municipal Bond Bank and agreed to by the Town Treasurer or the Chairman of the Selectmen of the Town. The first Bond shall be issued in a principal amount of $1,500,000 to be dated on or about December 30, 2003 to the Maine Municipal Bond Bank through the Clean Water Revolving Loan Fund (SRF) program, and the interest on the Bond shall be subject to federal income taxation under the provisions of the Internal Revenue Code of 1986, as amended, which status is hereby determined to be in the best interests of the Town. The second Bond is to be issued in 2004 or later year in the aggregate principal amount of $4,400,000 (the "2004 Bond") following the issuance of the 2003 taxable Wastewater Bond Anticipation Note to be authorized in the following vote. The 2004 Bond, or a portion thereof, may be subject to federal income taxation under the provisions of the Internal Revenue Code of 1986, as amended, which status is hereby determined to be in the best
interest of the Town.
MOTION: Selectman Suminsby moved to approve the authorization as read, seconded by Selectman Coombs. The vote was 3 for, 1 against. Selectman Suminsby, Coombs and Savage voted for the motion. Selectman Smallidge voted against it. The motion carried.
VOTED: That in anticipation of the long term financing from the Maine Municipal Bond Bank and pursuant to the Constitution and laws of the State of Maine, and under authority granted by Title 30-A of the Maine Revised Statutes, as amended, the Charter of the Town of Mount Desert, Town meeting votes of March 4 and 5, 2002, and December 8, 2003 and any other applicable authority under the laws of the State of Maine thereto enabling, the Treasurer and a majority at least of the Selectmen of the Town of Mount Desert are hereby authorized to execute and deliver the 2003 General Obligation Wastewater Bond Anticipation Note or Notes of the Town in an aggregate principal amount not exceeding Four Million Four Hundred Thousand Dollars ($4,400,000), the proceeds of the loan to be used to finance the Project set forth in the preceding vote,
to be executed and delivered to the Maine Municipal Bond Bank on behalf of the Town by the Town Treasurer and countersigned by a majority at least of the Selectmen of the Town , such Note to be for a term not to exceed one year at an interest rate not to exceed 3% and to be on such further terms and conditions as may be agreed to by the Treasurer or Chairman of the Selectmen of the Town (the "Note") and to be renewable from time to time by the Treasurer and a majority of the Selectmen for a total term not to exceed three years. The Note shall be issued to the Maine Municipal Bond Bank through the Clean Water Revolving Loan Fund (SRF) program and the interest on the Note shall be subject to federal income taxation under the provisions of the Internal Code of 1986, as amended, which status is hereby determined to be in the best interests of the Town.
MOTION: Selectman Suminsby moved to approve the authorization as read, seconded by Selectman Coombs. The vote was 3 for, 1 against. Selectmen Suminsby, Coombs and Savage voted for the motion. Selectman Smallidge voted against it. The motion carried.
VOTED: That all actions heretofore taken by the municipal officers of the Town of Mount Desert relating to the issuance of the Bonds and Notes be and they hereby are ratified, approved and confirmed.
MOTION: Selectman Coombs moved to approve the authorization as read, seconded by Selectman Suminsby. The vote was unanimous in favor.
VOTED: That pursuant to the requirements of the Tax Reform Act of 1986, and Section 265 of the Internal Revenue Code of 1986, as amended, and to the extent the 2004 Bond is tax-exempt, the Town hereby designates the 2004 Bond to be a "qualified tax exempt obligation" of the Town, and that the Town shall not issue in 2003 or 2004 an aggregate total amount of qualified tax exempt obligations in excess of $10,000,000. Further, the Town does not reasonably expect to issue tax exempt obligations in an amount in excess of $5,000,000 during 2003 or 2004.
MOTION: Selectman Suminsby moved to approve the above authorization, seconded by Selectman Coombs. The vote was unanimous in favor.
VOTED: That, subject to appropriation, the Town shall take any and all actions required under the Tax Reform Act of 1986 and the Internal Revenue Code of 1986, as amended, to maintain the tax exempt status of the interest on the 2004 Bond, and to maintain the status of the 2004 Bond as a "qualified tax exempt obligation" of the Town, and that the 2004 Bond may be subject to such further terms and conditions as may be agreed to by a majority at least of the Selectmen and the Treasurer of the Town to carry into effect the full intent of the foregoing votes.
MOTION: Selectman Coombs moved to approve the above authorization, seconded by Selectman Suminsby. The vote was unanimous in favor.
VOTED: That the Treasurer or Chairman of the Selectmen each is hereby authorized to execute Loan Agreements in such form as may be required by the Maine Municipal Bond Bank in connection with the issue of the Bonds and the Note.
MOTION: Selectman Coombs moved to approve the above authorization, seconded by Selectman Smallidge. The vote was unanimous in favor.
VOTED: That the municipal officers and officials of the Town are hereby authorized to execute all documents and certificates, and to take and any all actions, including affixing the seal of the Town, as may be necessary or convenient to carry out the intent of the foregoing votes or any one of them.
MOTION: Selectman Coombs moved to approve the above authorization, seconded by Selectman Smallidge. The vote was unanimous in favor.
Selectmen signed the documents.
B. Respond to sidewalk offer from property owners at 11 Sea Street.
Chairman Savage gave Michael Phillips, the property owner who had not been present earlier, an opportunity to talk about the proposal. Mr. Phillips hoped that all of this property would end up with sidewalks. If we could put in one piece of the sidewalk, maybe it would encourage neighbors up the street to do the same.
Chairman Savage said Selectman would wait until the next meeting to act on the offer.
C. Respond to vehicle offers
Selectmen noted this item had been taken care of.
D. Consider "Special Amusement Permit Ordinance" for inclusion in 2004 Annual Town Meeting warrant.
Town Manager MacDonald said this allows for the appeal that is indicated in the ordinances through an appeal board that we do not have. We have the Zoning Board of Appeals that is granted the authority to look at the special amusement permits. If you want the ZBA to be the oversight authority, you have to amend the ordinance to make it the ZBA. The other way to do it is that if the permit is denied by the board, State statute permits the person that has been denied to go directly to civil court.
Chairman Savage asked if it was correct that because Selectmen grant the ordinance, they can't be the appeals board and was told yes. That would give the ZBA the power to overturn the decisions of the selectmen. That sounded contradictory to him.
Town Manager MacDonald said if you do grant the ZBA the authority, you then have the decision to make whether or not to have the hearings be in appellate hearings only acting on the Board's decision considering if it was reasonable and just or not arbitrary. Or you can have the ZBA do a de novo hearing where the appellate is allowed to bring in new information.
Chairman Savage asked if the intent is to clarify something we already been doing.
Town Manager MacDonald said yes and that we are required by State law to have the special permits.
Chairman Savage said we should put this into action and, if it needs to be appealed, it allows the person to take it directly to court. Selectmen Smallidge and Selectman Coombs said that would be their recommendation.
Town Manager MacDonald will take the draft back to the attorneys to review the language.
VIII. General Issue
A. Reschedule January 19, 2004 meeting due to Martin Luther King holiday, suggest Tuesday, January 20, 2004.
B. Jim Robinson brought up a situation that had been before the Planning Board earlier that day. He said opportunities and legislation don't always work out. We have a situation here that isn't going to work out. The next day he expected to close on a piece or property in Northeast Harbor. He wants to make a portion of that property available as work force housing for a family. By removing the roof from the house on 11 Sea Street, the building can be moved down the street. This house would be made available only for working families and would be held in perpetuity for that use. The LUZO changes going in do not allow him to do this. He plans to come to the next meeting with a warrant article for Town Meeting to allow this one house to be used as work
force housing. He could put the house on Rock End Road for less than $150,000. He said, we've got a house, we've got the land. If we don't act on it now that house is going to be destroyed.
Chairman Savage said the time is pretty short to have this looked at. He thought Mr. Robinson was asking the town to obligate itself to something that he wanted to save forever. He suspected there would be some legal ramifications. Mr. Robinson said his lawyer believed that a properly executed deed would prevent misuses.
Mr. Phillips said all Mr. Robinson is asking is for the Town to provide (Selectman Suminsby interjected "a variance") something besides the current situation that is somehow prohibitive. He was not asking to change anything, but instead to have something for this specific situation saying that this is approved on a smaller than acceptable lot based on the current use of the land.
Selectman Suminsby said he was suggesting contract zoning. It's something that needs to be thoroughly reviewed by Town attorneys in the context of the existing LUZO.
Chairman Savage asked if you went ahead and did this in anticipation that the town zoning would change. Would the anticipation that it would not change preclude action on this one particular issue.
Mr. Robinson said that if the town doesn't change the zoning, he would have a very small house down there that he would be selling at about a third of the market value. If the town changes the zoning, he would have a chance to break even.
Chairman Savage was a little nervous about the Town taking action on one particular lot. He thought it might set a strange precedent and would rather see it go through zoning.
Mr. Phillips asked if there could be a warrant article just to address the LUZO in general. The LUZO was set up at a time when there was an abundance of land. There is now a shortage of land and the LUZO doesn't match this need.
Selectman Suminsby thought the town has taken a first step by going to no minimum lot size in some areas but was not sure if it would work for this property. Mr. Robinson's property is village commercial.
Chairman Savage noted the village commercial designation is a stumbling block.
Selectman Suminsby said the Planning Board does not have the right to waive minimum lot size.
Mr. Coolidge said the proposal was discussed at length in the Planning Board meeting but that it was not accepted.
Mr. Robinson said that all he was looking for is the ability to put an article on the town warrant addressing this specific situation.
Selectman Suminsby said it would be a major change in the LUZO because it would be spot, contract zoning, even if for a good cause. He would rather see it at a special Town meeting with ample changes that maybe could tweak the village commercial, work force housing component to make it work.
After more discussion about zoning possibilities, Chairman Savage said that the Board was unable to handle the issue.
C. Chairman Savage asked about John Doyle's retirement package and was told by Town Manager MacDonald that he has received no answer from the retired police chief. The Town has until January 5th to solve the problem.
IX. Other Business
A. Continuing budget deliberations.
Chairman Savage suggested to the Board that it not take on any new outside requests this year.
Selectman Smallidge wanted to go back to the funding formula from two years ago for them.
Town Manager MacDonald said the accountant and subcommittee and were concerned about rising costs. They thought there might be some duplicate requests. Perhaps some of the funds could be allocated to more worthy causes.
Selectman Suminsby thought too much time gets spent on this item.
Town Manager MacDonald said the Warrant Subcommittee had not yet acted on anything in the budget because they were waiting to see what the Selectmen were doing.
MOTION: Selectman Smallidge moved to recommend the Other Services budget not to exceed the 2002 expenditure of $100,379, seconded by Chairman Savage. The vote was unanimous in favor.
Public Works Director Smith had cut some items in his budget. On Page 7, Line items 2501and $2501, he said he added $2,500 but cut Line items #2706, 4302, 4306 and 4308, the latter being the Seal Harbor marina reserve. He and Chairman Savage discussed whether Line item #4308 should be in his budget or the harbormaster's. Chairman Savage would rather it be under Public Work's control. Line #2503 was renamed fuel tank instead of waste oil. Line #4310 was increased for culverts on Indian Point Road and the Durost problem on Jordan Pond Road. It is a 3.3% increase rather than 2.8%.
Responding to a question from Selectman Smallidge, he said the increase is for reference manuals. His department does its own state inspections and had to buy a new piece of equipment for that purpose this year.
MOTION: Selectman Smallidge moved to recommend a $935,987 budget for Highway, Streets and Roads, seconded by Selectman Smallidge. The vote was unanimous in favor.
Town Manager MacDonald had recalculated the wages for the Waste Collection department. The numbers are down.
Public Works Director Smith said he added Line #2920, $2,500 for a one day Household Hazardous Waste collection program. Under an agreement set up with Brewer, that amount could be saved if people get a permit from the Town Office and take their paint there. He and the Solid Waste Committee had looked at trying to cut the cost of services with a cardboard ordinance and a pay per bag ordinance. Chairman Savage said Brewer is not particularly handy for people here; he would rather leave the money in the account. He would encourage making that type of thing easy to participate in. Selectmen Smallidge and Coombs agreed. Responding to a question from Ellen Kappes about a cardboard ordinance, Public Works Director Smith said that right now you can make money recycling cardboard but the Town pays money to get rid of it
because it doesn't force people to recycle it. He has samples of cardboard ordinances and will try to resurrect the Solid Waste Committee to work on one. Chairman Savage said it will be necessary to make it convenient for people. The subject was discussed.
MOTION: Selectman Smallidge moved to recommend the $345,213 budget for Waste Collection, seconded by Selectman Coombs. The vote was unanimous in favor.
Referring to #0440, Compliance/Mandates, Public Works Director Smith said $42,500 is for getting the Town in compliance with a state requirement. After considerable discussion about the cost of a fuel depot at the town garage, Selectmen preferred to have the Town crew fill up elsewhere instead of maintaining a fuel depot. They recommended removal of the $42,500 from the budget and to basically get out of the fuel depot business.
MOTION: Selectman Smallidge moved to recommend $395,829 for Department #0440 Compliance/Mandates, seconded by Selectman Suminsby. The vote was unanimous in favor.
Selectman discussed the cost of removal of the tanks. Public Works Director Smith will contact the Fire Marshall about shutting down the tanks.
Selectman Smallidge asked Mr. Smith to get a rough estimate of how much time it takes the crew to fill up, relative to the $42,500.
At this time, Selectman Suminsby left the meeting.
Under #0454, Public Works Director Smith said line item 4524, was reduced to $10,000. The Seal Harbor sand filter is in the budget at $275,000. No money is put aside for the sand filter
Public Works Director Smith asked if it was possible to ask the voters to reroute $186,000 from the Summit Road reserve fund to the Seal Harbor sand filter reserve. When the time comes to do the Summit Road work, go for all of it. At the sand filter outfall, the pipe is laying on the rocks in the surf. He would cut the $200,000 to $100,000 until he can do some test probings for ledge.
Town Manager MacDonald advised that would take a vote at Town Meeting.
Selectman Smallidge suggested biting the bullet on the $200,000 and pay for it now. Chairman Savage agreed.
MOTION: Selectman Smallidge moved to approve $1,176,007 for Dept. #0454 Sewer Capital & Debt, seconded by Selectman Coombs. The vote (3 - 0) was unanimous in favor.
Selectman Coombs asked why overtime has doubled in the Sewer Treatment expenses. Public Works Director Smith said he had asked for $10,000 last year and it was cut to $5,000. They weren't in bad shape until March. $10,800 was spent last year.
MOTION: Selectman Smallidge moved to approve $342.521 for Dept. 0455 Sewer Treatment, seconded by Selectman Coombs. The vote was unanimous in favor.
In Northeast Harbor, based on what was used this year, Public Works Director Smith increased the amount for fuel oil but cut chlorine, lab materials and dechlorination.
MOTION: Selectman Smallidge moved to fund $75,550 for Dept 0456 Northeast Harbor Plant, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: Selectman Coombs moved to budget $40,300 for Dept 0457 Somesville Plant, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: Selectman Coombs moved to budget $36,935 for Dept 0458 Seal Harbor Plant, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: Selectman Smallidge moved to budget $29,370 Dept 0459 Otter Creek Plant, seconded by Selectman Coombs. The vote was unanimous in favor.
For the Otter Creek landing, line #4404, Public Works Director Smith said the permits and designs would cost $1,500, construction would be $5,920. He thought it would be unnecessary to spend the full $2,000 for archeological studies because they were done when the road was put in. It would not be necessary to raise any more money. Selectmen authorized Public Works Director Smith to proceed.
X. Treasurer's Warrants
Signed as presented.
XI Executive Session
None requested
At 9:54 p.m., Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Emily Damon Pascal
Secretary
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