Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
October 18, 2010
A meeting of the Board of Selectmen was held this date in the Fire Station Community Room, Seal Harbor, Maine.
Those present included: Chairman Tom Richardson, Selectmen Jean Bonville, Chuck Bucklin, Marilyn Damon, and Rick Mooers; Acting Town Manager/Public Works Director Tony Smith; Fire Chief Mike Bender; Finance Director John Graves; Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I Call to order at 6:30 PM
Chairman Richardson called the meeting to order at 6:30 p.m.
II Minutes
A Approve minutes of September 20, 2010, September 29, 2010, and October 4, 2010.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin, to approve the minutes of September 20, 2010. The vote was 4-0-1. Selectman Mooers abstained; he was not present at the meeting.
MOTION: Selectman Damon moved, seconded by Selectman Bucklin, to approve the minutes of September 29, 2010. The vote was 4-0-1. Selectman Mooers abstained; he was not present at the meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve the minutes of October 4, 2010. The vote was 4-0-1. Selectman Bucklin abstained; he was not present at the meeting.
III Appointments
A Confirm appointment of Joelle D. Nolan as Warden for the November 2, 2010 State General and Referendum Election.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to confirm the appointment of Joelle D. Nolan as Warden for the November 2, 2010 State General and Referendum Election. The vote was unanimous, 5-0.
IV Consent Agenda and Communications (These items are considered to be routine, and therefore, will not be allotted Selectmen discussion time on the agenda. The items may be passed by the Selectmen in one blanket motion. Any Board member may remove an item from the “Consent” portion of the agenda for discussion or questions by requesting such action prior to consideration of that portion of the agenda.)
A Comprehensive Plan for the Town of Tremont- Notice to abutters.
B Acknowledge receipt of monthly department reports; Assessing, Code Enforcement, Police, Public Works and Wastewater.
C Acknowledge memo from Maine DEP regarding antifouling paint contaminated wash water and boat launches.
D Acknowledge receipt of Thank You letter from Acadia National Park Superintendent Sheridan Steele to Fire Chief Bender regarding hurricane preparedness.
E Acknowledge receipt of letter from Volunteer Firefighter Robert Pyle in support of Fire Fighter Assistant.
F Acknowledge receipt of letters from Mooring Agent Kerry Taylor regarding rental income from floats and rental income to mooring owners.
G Acknowledge receipt of letter from Mildred Johnson regarding cell phone reception in Somesville and Beech Hill.
H Acknowledge receipt of minutes of September 29, 2010 Campfire Coalition meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the Consent Agenda as presented. The vote was unanimous, 5-0.
Selectman Bonville asked that Item C. be brought back to the Board with an explanation, perhaps from Harbormaster Murphy.
V Selectmen’s Reports
Selectman Damon has had a citizen request for a crosswalk on Millbrook Road from the trail adjacent to Pine Road. People with dogs on leashes are exiting the trail and dogs are entering Millbrook Road. Public Works Director Smith stated typically crosswalks are not placed at a ditch or end of a curb. Selectman Damon asked if a “slow/dog crossing” sign could be erected and Public Works Director Smith replied yes.
Selectman Bucklin asked Public Works Director Smith if the Route 198 reconstruction is still on for next spring; there have been many complaints about the condition of the road overall and especially the section at the northern foot of Shady Hill. Public Works Director Smith explained that Route 198 is not on the Maine Department of Transportation’s (DOT) repair list for next year; however he will send DOT a letter on behalf of the Board of Selectmen requesting that something be done.
Selectman Bonville asked Public Works Director Smith about the status of Acadia Disposal District’s plan for recycling with Ellsworth. He replied, Southwest Harbor and Cranberry Isles did not approve. Tremont and Frenchboro approved; and Mount Desert agreed on the concept. ADD and EMR, Inc. are at a Tremont Selectmen’s meeting tonight for a revisit of the issue. Once it is determined how many towns will actually participate, the costs will need to be recalculated to ascertain the feasibility of continuing.
VI Old Business
A CES Noel Musson with a marina working group update.
Mr. Musson reported there is a 90% complete design plan in place and a copy is at the Town Office. He is before the Board for informational purposes only. Architects are consulting with the marina working group on details. A Planning Board meeting is scheduled for Wednesday, October 20th to review the Conditional Use Application. Another working group meeting is also scheduled next week. The goal is the same, and although some things are getting pushed out, he still hopes to have some construction started this fall. The lighting plan takes into consideration the Dark Sky issue; it will start with key areas and expand as necessary.
Chairman Richardson asked if there is additional parking; Mr. Musson said parking is basically the same, with, perhaps, a few more spaces on the “Popplestone” side. Selectman Bonville asked when the bidding process will begin. Mr. Musson thought early to mid-November; the process is about 3 weeks beyond what he hoped to be.
Public Works Director Smith suggested bidding in the spring for next fall construction, in order to obtain better pricing. Contractors are hungrier in the spring and better able to plan winter projects. Selectman Damon asked, once started, how long will construction take? Mr. Musson estimated 12 months
Mr. Musson observed that some of the building designs have changed since the original plan; and there are parts of the project that are considered alternates, such as solar heating and some landscaping. The alternate items are dependent upon the budget. Chairman Richardson said he hopes no one is talking about going over budget; he is adamant that the project not go over budget. Mr. Musson stated the working group is trying hard to do the right thing. Selectman Bonville hopes the plans will come before the Board of Selectmen before being put out to bid. Mr. Musson replied they will. Selectman Damon asked if a meeting is planned to review the entire, complete plan. Mr. Musson thought that would be done at a working group meeting, unless the Board wants it done at one of its meetings. Mr. Musson
said he certainly will come to the Board when bids are received.
B Discussion of Firefighter Assistant position.
Chairman Richardson referred to the proposed job description in the Board’s packet and asked Selectmen to direct their questions to Fire Chief Bender. Selectman Bonville asked if the job description was a standard description for a firefighter and Fire Chief Bender replied yes, for a Firefighter 1. Selectman Mooers asked if the description included the level of service received from the Americorp position. Fire Chief Bender said yes, except for the level of training. Chairman Richardson inquired if the position would be for 8 hours a day and 5 days a week. Fire Chief Bender said yes, and reminded the Board this is not a new position; it is one the Town has had for 22 months through Americorp. Chairman Richardson asked if the firefighter lived locally, would he expect to be on call, and paid, if
funded as such. Fire Chief Bender replied yes; and he felt that if we recruited from within, we would have a dedicated person who would respond, regardless. Selectman Damon inquired if the Public Protection Committee will be looking into this? Chairman Richardson said he would expect them to. Dennis Shubert, Chairman of the PPC, stated he has reviewed the PPC examination of this issue; it is the consensus there is a downward slope of volunteers. Due to declining volunteerism it is difficult to retain volunteers to do the job. However, that might change if volunteers were considered part-time employees. Some already feel there is not enough staff. Fire Chief Bender stated there have been seven resignations of volunteer firefighters since August; 21 active and 4 inactive members remain. Only ten of the 21 are qualified to enter burning buildings. Training requirements and aging are some of the reasons for resignations.
Fire Chief Bender said he doesn’t see an increase in young people in town to volunteer. Selectman Mooers thought it alarming news that 7 have resigned in 60 days and asked Fire Chief Bender what is his comfort level for number of volunteers. Fire Chief Bender replied, we can’t have too many. The need has been documented during past years. Although we are getting by, there are significant issues at hand. For instance, last week there was a serious fire, and for the first 10 minutes only 2 responders were on hand.
Mr. Shubert thought Fire Chief Bender understated staff needs; often we have not met the standard for firefighting. Filling this position is integral to the workload. He also reminded the Board, there is not adequate building space. Selectman Damon asked if we are within the national standard; Fire Chief Bender replied prior to the recent resignations we were. When asked about the status of the inactive firefighters, Fire Chief Bender said it was a combination of issues, such as missed on-line classes (time sensitive), missed required training, and missed equipment inspections. Selectman Bucklin asked who is responsible and who is monitoring this issue. Fire Chief Bender said the inactive firefighters have been reminded numerous times of their responsibilities.
Mary Lee Bayne, a member of the PPC, stated citizens need to be educated to allow the fire department to do its job. She also initiated a discussion regarding the issue of the width of driveways and roads; too many are not accessible to fire equipment.
Chairman Richardson noted development of a Capital Improvement Plan should involve the PPC. Mr. Shubert said if provided a copy, the PPC will review. Selectman Mooers asked if the CIP addresses staffing issues. Fire Chief Bender said at present it does not; however, it is being updated. Selectman Mooers suggested the PPC review the CIP for such issues. Selectman Bonville commented that we have an inter-local agreement with all island fire departments; and made a comparison to the Ellsworth fire station that oversees the entire city from the center of town.
Funding and advertising for the position were discussed. Fire Chief Bender has been estimating staffing costs; and the Salary Survey Committee has been asked to research. He also noted, typically, we post open positions in-house for two weeks prior to advertising publicly. He thought the position could be funded as early as November for the remaining fiscal year with funds not used for Americorp, not sending someone to the academy, from an excess in his fuel budget line, and making sacrifices elsewhere.
Selectman Bonville said she estimated the cost of a full-time firefighter to be approximately $17,000 based on a pay rate of $14 an hour, from November through June, with medical coverage, social security, Medicare, and retirement. She suggested, if it is the wish of the Board to fill the position, a warrant article to take funds from surplus could be added to the Special Town Meeting scheduled for next month.
Selectman Bucklin said he is concerned whether the position will be full-time or part-time, whether pay is hourly or salary, and if advertising will be just from within or to the public. He also questioned the need, since we do have the island-wide inter-local agreements.
Selectman Mooers thought the Americorp position proved the worth and need; the position is well defended and we should fund.
Selectman Damon said she has mixed feelings about creating a new position. Although she understands the need, some residents have said they thought it unnecessary.
Chairman Richardson said he is all for it; we need to support our volunteers or we are going to lose them. Insurance companies will not insure houses in this town if we do not have adequate fire coverage. He asked Town Clerk Nolan if an article can be added to the Special Town Meeting warrant without delaying the process, and she replied yes.
Citizen Tom Wallace asked how many hours a part-time employee can work without receiving benefits. Fire Chief Bender said there is a big difference between what a part-time and full-time employee does. A part-time person would do the bare minimum such as janitorial duties and keeping the trucks running.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to authorize the creation of a second fulltime fire fighter position. The vote carried 3-2 with Selectmen Bucklin and Damon voting against.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to recommend and present to the Warrant Committee a Special Town Meeting warrant article authorizing the transfer $20,000 from the undesignated fund balance to the fire department budget to fund a second fulltime position within the Mount Desert Fire Department. The vote was 5-0.
C Payroll Liabilities - Stale Balances, write off effective June 30, 2010 for the amount of $1,186.81.
Selectman Bonville said she still has questions.
MOTION: Selectman Bonville moved, seconded by Selectman Damon, to table this item until the November 1, 2010 meeting. The vote was 4-0. Selectman Mooers was not present for the vote.
VII New Business
A Discussion of Special Town Meeting time line and warrant.
Board reviewed the Warrant as presented and opted to use the first option for Article 3. Town Clerk Nolan will finalize the wording of the warrant articles in time for the Warrant Committee meeting scheduled for October 26. A public hearing is scheduled for the Board’s November 1 meeting.
B Discussion of memo and possible acceptance of sidewalk proposal from Mr. Charles Butt.
Selectman Bucklin asked if the acceptance of the sidewalk can be added to the Special Town Meeting Warrant. Chairman Richardson asked who has approval of the plan. Public Works Director Smith said the Town (through Town Meeting vote).
Public Works Director Smith referred to his memo dated October 12, 2010, and explained Mr. Butt would like to construct a 205 foot long asphalt curb and sidewalk in the town right-of-way along a portion of his property that abuts Manchester Road; then gift the sidewalk to the Town. Mr. Butt was granted permission some years ago to construct a 120 foot long portion of asphalt curb and sidewalk at his expense for landscaping reasons. Public Works Director Smith will research that issue to see if that 120 foot long sidewalk was accepted as a gift to the Town.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to add a warrant article to the Special Town Meeting warrant for the acceptance of the proposed 205 long sidewalk improvements along Charles Butt’s property at 84 Manchester Road, Northeast Harbor. The vote was 4-0-1, with Selectman Damon abstaining, as Mr. Butt is her employer.
VIII General Issues
A None
IX Committee Meeting Reports
A None
X Treasurer’s Warrants
A Approve Treasurer’s Warrant #28 for $975,422.85.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer’s Warrant #28 for $975,422.85. The vote was unanimous, 5-0.
XI Executive Session
A None
XII Adjournment
MOTION: At 8:15 p.m., Selectman Mooers moved, seconded by Selectman Bucklin, to adjourn the meeting. The vote was unanimous, 5-0.
Respectfully submitted,
Jean E. Bonville
Secretary
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