MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, January 16, 2007
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Town Office, Northeast Harbor, Maine.
Those present included: Chairman Rick Savage, Selectmen Kathy Branch, Ernest Coombs, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Shawn Murphy, Recording Secretary Ellen Kappes and members of the public.
Public Hearing: Initial Liquor License Application for Robert DeGennaro d/b/a "The Tan Turtle Tavern"
I. Call to order.
Chairman Savage called the meeting to order at 6:30 p.m. and opened the above public hearing. Rob DeGennaro described what the family style tavern will be like and said it will open March 1.
At 6:33 pm, Chairman Savage closed the public meeting and reconvened the regular session.
II. Minutes
A. Approval of minutes of Regular Meeting January 2, 2007.
MOTION: Selectman Branch moved to approve the minutes of the Regular Meeting of January 2, 2007 as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
A. Appoint Joelle Nolan as Town Clerk, effective January 17, 2007 at weekly probationary base rate of $735.68; increasing to $772.46 after successful conclusion of six-month probationary period.
Town Manager MacDonald said approval was really unnecessary. Her appointment as Town Clerk when the position became vacant covers this until March 2007 when annual appointments are made. The above will confirm the exempt status of the position and the salary.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Appoint Brent Hamor as Deputy CEO.
Town Manager MacDonald said the above will be for additional back up when Kim Keene and John Brushwein are not available.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
C. Acknowledge receipt of monthly financials, Trial Balance, Revenue Control Report, and Appropriation Control Report.
Town Manager MacDonald said the above were not in Selectmen’s packages because they need adjustments and therefore were not ready.
D. Acknowledge receipt of monthly department reports: Police, Code Enforcement, Public Works; Harbor Master; Fire Department. No action required.
E. Bangor Hydro Electric notice of pole placement application with Maine Dept. of Transportation for a pole on Peabody Drive near Wheelwright Way. No action required.
IV. Selectmen Reports
A. Discuss High School funding formula warrant article with School Board members (Smallidge).
Selectman Smallidge said that at the last Warrant Committee meeting, School Board Chairman Gail Marshall brought to their attention another issue coming up which the School Board had not yet had a chance to discuss. He put the above item on the agenda at her request.
Town Manager MacDonald said Maine Municipal Association had notified him that Selectmen and the Warrant Committee can not make recommendations on any referendum ballots. Selectmen will need to revote to remove their recommendations on the funding and on flouride.
Ms. Marshall asked Selectmen if they would be willing to withdraw the funding formula warrant article in order to give attention on Governor Baldacci’s recent proposal to consolidate school districts. She highlighted some of the problems with his plan. She thought it was essential for all boards to focus attention on it. She expected there would be a major resource shift from the coast to inland communities. A major loss of local control would occur. The quality of island schools can only go down. She said a Union 98 meeting has been scheduled for 7PM on Mon. Feb. 19 at the high school. Local State legislators will be there.
Selectman Smith said he would be in favor at this point of removing the article from the warrant. It’s bad timing all around. The referendum article serves no purpose at this time. He wanted an assurance from both boards that when the dust settles, the issue will be revisited.
John March asked Selectmen to consider leaving the School Board out of the funding issue if it comes up in the future. The matter is not within the School Board’s jurisdiction. Being essentially political, it must be done through the legislature. Selectman Smallidge said it was important to send both boards a message.
Chairman Savage said the question now is what to do about the article as presented. It would be hard to commit a future Board on what to do if the article is dropped and taken off the warrant.
Laurel Robbins said the proposal is not just something that might happen. Alternative proposals have been presented. There will be changes. Energy needs to put into it because it is happening right now.
Chairman Savage said that if the article is taken off the warrant, it wouldn’t be seen for another 12 months. As presented, it is indicative of the frustration of the voters with inequities. He would try not to restrict Selectmen if the question should ever come up again. He could not say what they would put on for another article. Selectman Smallidge spoke about frustration with property taxes. Maybe Selectmen should be debating not only removal or not of the warrant article but also what it could do to help the School Board.
Mr. DeGennaro related what had happened in Sanibel, Florida when the government brought in exactly the same thing 10 years ago. He said it was important to get involved now because it would not be possible to have a say down the road. In Florida, parents have moved their children into private schools because of the subsequent degradation of public schools.
Selectman Smith thought experts would be giving testimonies and used as an example Gordon Donaldson’s recent monograph in which he pointed out the pitfalls of a desensitized and delocalized large bureaucracy.
Public Works Director Smith said Baldacci and his cronies are trying to make us responsible for their ineptitude. He said it is interesting to note that they waited until now to make this announcement, not in the fall. Selectman Smallidge said he had absolutely hit the dog right on the tail there.
Town Manager MacDonald said he will attend a MMA meeting on Thursday as a member of the legislative policy committee. He asked for a sense of the Board - if he should advocate not doing anything to the school formulas and opposing Baldacci’s proposal. Selectmen indicated that is what they want him to do.
MOTION: Selectman Smith moved to remove Article #5 from the Warrant, seconded by Selectman Coombs. The vote was unanimous in favor.
Chairman Savage said the Board will join forces with the School Board in opposing Baldacci’s proposal. Discussions followed about how to notify people about the January 22nd Union 98 Board meeting on ramifications of the proposal.
B. Discuss recommendations for fluoride warrant article (Savage)
Chairman Savage explained the background for the above article #4. A Water District member had told him that day that the WD needs to hold a public hearing on the warrant article. They hoped to schedule it for the same night as a Selectmen’s meeting. Town Manager MacDonald said it would have to be either Feb 5 or 20.
MOTION: Chairman Savage moved to allow the Water District to hold a public hearing on a Selectmen’s meeting in February that is convenient for them, seconded by Selectman Smith. The vote was unanimous in favor.
V. Old Business
A. Approve Eric Dunleavy request to live in travel trailer on his lot at Map 12 Lot 13-22 during construction of home on lot (third request).
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
VI. New Business
A. Award Town Report and Warrant print bid, recommend Bangor Letter Shop.
Town Manager MacDonald said there had been problems 3 years ago with the above low bidder. The next lowest bid came from Snowman Printing who was much more satisfactory with the last 2 years’ reports.
MOTION: Selectman Smith moved to award the contract to Snowman Printing, seconded by Selectman Branch. The vote was unanimous in favor.
B. Approve liquor license for Robert DeGennaro d/b/a The Tan Turtle Tavern.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
VII. General Issues
A. Approve inclusion of additional private road name to 2007 Private Road Name warrant article; entrance road to Blackwoods Campground known as "Blackwoods Drive."
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
B. Approve inclusion of additional warrant articles to release interest in right-of-way at Map 24, Lots 107 and 108-1; and convey title to 178 square foot parcel easterly of ROW at Map 24, Lot 107.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
VII. Other Business
A. Approval of corrections to budget warrant articles
MOTION: Selectman Smallidge moved to remove Selectmen’s recommendations from Referendum Articles #3 (annual town meeting date) and #4 (fluoride), seconded by Selectman Smith. The vote was unanimous in favor.
Town Manager MacDonald said Article #24(sewer capital and debt) needed to be changed because the amount of interest to be paid on the $1.25 million bond had been miscalculated. Article #24 will be changed to $1,209,174 and article #26 will be increased to $64,331. That is to take into account the $38,000 of interest that administration did not calculate when it broke out the interest between the sewer portion of the pond and the non-sewer portion.
MOTION: Selectman Smallidge moved to reconsider Articles # 24 and 26, seconded by Selectman Smith. The vote was unanimous in favor.
MOTION: Selectman Smith moved to recommend Articles #24 and 26 as written in the new version of the warrant, seconded by Selectman Branch. The vote was unanimous in favor.
Asked about discrepancies in the bottom line figures for Article 20 for Selectmen and Warrant Committee recommendations, Town Manager MacDonald said the Warrant Committee had increased funding for some special services.
IX. Treasurer’s Warrants
Approve Treasurer's Warrant #2 for $23,515.20 and #3 for $791.85
Signed as presented.
X Executive Session
None requested
At 7:36 pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
The next regularly scheduled meeting is Monday, February 5, 2007 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.
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