Reduces monetary payout to the state, keeps investment in town

Hosmer Pond project emerges as alternative to Camden paying DEP fine

Lynda Clancy

Wed, 05/17/2017 - 12:30am

The Hosmer Pond boat launch. (Photo courtesy Gartley and Dorksy)

CAMDEN — A new ADA-compliant dock and the rebuilding of a boat launch on Hosmer Pond will resolve up to 80 percent of a state penalty being imposed on Camden for environmental violations. On May 16, the Camden Select Board approved the project and agreed to spend money from two separate municipal accounts — what’s left in the Ragged Mountain Redevelopment bond fund, and the Snow Bowl reserve balance — to cover the cost.

Will Gartley, of the Camden-based firm Gartley and Dorsky, presented plans for the supplemental environmental project to the board at its regularly scheduled meeting. Following a bid process, Interim Town Manager Roberta Smith had recommended the town award the job contract to Farley and Son, of Rockport, for $52,300. The three Select Board members present at the meeting followed her suggestion, voting unanimously in favor of the bid award.

The project is to be completed by July 1, and bring the town one step closer to resolving its state environmental penalty.

In 2014, the Maine Department of Environmental Protection sent a violation notice to Camden, citing sedimentary contamination of Hosmer Brook and Pond that occurred when silt and soil, loosened during tree logging on Ragged Mountain during ski trail construction, ran down the hill and into the water. The trail work was part of the larger Ragged Mountain redevelopment project.

The violation notice (see attached PDF) was issued after the DEP approved the alteration of 7,028 square feet of wet meadow and forested wetlands for the Snow Bowl ski trail expansion project. During the logging, however, trees were skidded down several pre-existing trails, severely disturbing soils without erosion controls.

Since then, Town Attorney Bill Kelly has been negotiating with the DEP over a consent agreement, and a possible project to mitigate the fiscal blow to taxpayers. On behalf of the town, Gartley joined the discussions with the DEP, and the town and state eventually approved the supplemental environmental project.

The estimated DEP fine for the violation is $40,000 to $44,000. The dock/launch project, however, will reduce that by approximately 80 percent.

According to DEP policy, supplemental environmental projects are allowed, but can only apportion 80 percent of the total penalty levied by the state agency; therefore, Camden may be left with a final DEP monetary fine of approximately $6,000.

But by substituting the supplemental environmental project for a monetary fine, the town will benefit by investing in itself, said Gartley, as opposed to directly depositing taxpayer money into state coffers.

Gartley said he had proposed the Hosmer Pond launch improvements after noticing the effects of sand and silt runoff from the poorly built road to the town-maintained boat launch. The runoff had been building up for years, he said, as the road to the launch area is sloped and muddy.

The Hosmer Pond launch road and parking area is used year-round. In the summer, small boats are put in there, and swimmers venture in as well. In the winter, ice shacks are transported onto the frozen pond from the launch area, and ice skaters and ice boaters glide onto the ice from there.

The project will include raising the road grade 2.5 feet, reclaiming wetlands and planting approximately 30 wetlands shrubs there.

Permit applications have been submitted to the DEP, and the project deadline is July 1, he said.

Three weeks ago, the town circulated a request for bids to build the dock and regrade the road. Two local companies, Farley and Son and Jake Barbour Inc., responded. Farley and Son’s bid was $52,300 and Jake Barbour’s, $57,900. The bids were opened May 15 at the town office.

The engineering bill was $6,083.

According to Smith, the low bid for the alternative DEP fine project came in over the estimated construction costs. She said funds were available in two accounts:

1) the balance of the Ragged Mountain Recreation Area Redevelopment bond fund, which has $35,741 in it; and

2) the Snow Bowl Reserve balance, which as of May 16, held $34,905.

The available funds, said Smith, totaled $70,646.

With the Farley bid of $52,300, the available remaining funds will be $18,046, which will cover the engineering bill, “as well as any residual fine levied by the DEP.”

At the May 16 meeting, the Select Board agreed to the project and acknowledged that the town still had to contend with a DEP consent agreement, albeit with a smaller monetary fine.

The town will hold a special public meeting to discuss that consent agreement, which should be made public soon.

Finalizing the consent agreement will bring the town incrementally closer to closure over the larger Redevelopment project mismanagement. As of two weeks ago, the town had still on its books more than $300,000 in total project cost overruns, which will remain there until the Ragged Mountain Recreation Area Foundation reimburses the town for project costs. The nonprofit Foundation has said it will pay the town the $300,000-plus after it sees a full accounting of all the project expenditures.

The supplemental environmental project cost of approximately $58,000 adds to the overall project cost.

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• Camden Snow Bowl forensic audit report delayed, again (March 17, 2017)

• Camden's Snow Bowl audit results delayed, no decision on DEP consent agreement, yet

• Camden and the Snow Bowl redevelopment: One citizen's inquiry into the cash flow (Feb. 2, 2017)

• Camden Snow Bowl Manager resigns; Camden commences new town manager search (Jan. 27, 2017)

• Camden Town Manager resigns (Jan. 18, 2017)

• Tacos, fat bikes and demo skis at the Camden Snow Bowl this weekend

• Camden orders Snow Bowl financial audit; to negotiate with Sidecountry, Cold Toes Tacos

• Following public outcry, Camden Select Board moved to help put two entrepreneurs back at Snow Bowl (Jan. 11, 2017)

• Camden, Rockland entrepreneurs told not to set up shop at Snow Bowl this weekend (Jan. 7, 2017)