MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, September 17, 2007
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Fire Station, Somesville, Maine.
Those present included: Chairman Ernest Coombs, Selectmen Kathy Branch, Rick Mooers, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, Public Works Director Tony Smith, Recording Secretary Kathleen Miller and members of the public.
I. Call to order.
Chairman Coombs called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of September 4, 2007.
A correction was made on page 3, line 42 to change the word directed to direct.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of September 4, 2007 as corrected, seconded by Selectman Smith. The vote was unanimous in favor.
III. Appointments and Communications
A. Confirm appointment of Danielle R. Goodwin as Town Office Clerical II, effective September 18, 2007 at $14.35 per hour increasing to $14.64 per hour after successful conclusion of six-month probationary period.
MOTION: Selectman Smith moved to approve the appointment as noted above, seconded by Selectman Branch. The vote was unanimous in favor.
B. Acknowledge receipt of monthly department reports: Code Enforcement, Public Works, Fire.
No action required.
C. Copy of letter enlisting services of Eaton Peabody.
Selectman Smith noted it was a well-drafted letter reflecting the intent of the Board. No action required.
D. Reorganization Planning Committee meeting minutes of 5 September, 2007 and agenda for 19 September 2007 meeting.
Selectmen noted the improved quality of the minutes, addressing earlier concerns, and thanked the Committee. No action required.
E. MMA Legal advice on necessity of Town Report and audit.
Town Manger MacDonald reported that the Maine Municipal Association informed the Town Office that an audited report is required at the Town Meetings for the most recent completed fiscal year. Therefore, at the December 2007 meeting, a report for the year ending December 31, 2006 would be required, and at the May 2008 Town Meeting an audited report for the year ending December 31, 2007 would be required. As a courtesy to voters, an unaudited year-to-date report on the current fiscal year can also be provided.
No action required.
IV. Selectmen Reports
" Selectman Mooers inquired about negotiations with the Ambulance Service over insurance matters. Mr. MacDonald noted that a meeting had been held involving the Police and Fire Chiefs, Selectman Coombs, and representatives of the Ambulance Service. The result is that the Town can continue to assist the Ambulance Service and workers will be covered by appropriate insurance. There are ongoing discussions about including parties as an additional named insured on the various policies, but Mr. MacDonald assured the Board that it will work out, and that the lease arrangements are in order regarding insurance issues. It was noted that firemen will be covered by the appropriate insurance when driving Ambulance Service vehicles, and that there will not be any changes made to job description of Town
personnel.
V. Old Business
A. Explore and approve financial means to challenge constitutionally of school administration consolidation.
Selectman Smallidge noted the Town has limited financial resources to independently pursue legal constitutional questions of the State's school reorganization plan, but that he has held conversations with other towns about their similar concerns. Selectman Mooers questioned the constitutionality based on Article 8 Section 1 of the State Constitution, and the passage of this plan as part of the budget through emergency legislation, which prohibits interference with home rule. Selectman Smallidge reported that E. Machias has raised some money to finance a petition drive and is researching a referendum, and asked what the Town of Mount Desert might want to do? He expressed concern over plans for the State to take over control of the jails in the future, and said that the Town should take a firm stand against such efforts. He asked what other
finances the Town may have available to pursue legal action.
Mr. MacDonald noted there is limited funding available in the contingency fund, but roughly $100,000 in the reserve account that might be considered.
School Superintendent Rob Liebow and School Board Chair Mia Brown said the Reorganization Planning Committee or school boards have not researched or discussed in depth the question of constitutionality of the restructuring plans. Gail Marshall said as chair of the Reorganization Planning Committee they have a job to do and a timeframe to work within for reorganizing the school system. While that group would agree with the sentiment, and fought against the restructuring plan from the beginning, they must now follow the law, so would not focus their attention on constitutional questions.
There was a lengthy discussion about the course of action to take, with whom to partner, and the need to keep positive relationships with elected officials through the process. It was also noted that in order to use any surplus funds for legal matters, a vote must be taken at Town Meeting approving such expenditure.
Four relatively inexpensive courses of action were summarized to pursue:
1. Authorizing $4,000 for Eaton Peabody to research the implications of the School Administration Consolidation legislation on the 1963 Act creating the MDI Regional High School and other legal means of preventing implementation;
2. Continue conversations with Lawrence Greenlaw of Stonington
3. Continue conversations with Bucket Davis of E. Machias
4. Attend the October 3-4 meeting of municipal officials where school consolidation will be discussed to assess other communities' interest in pursuing legal action
B. Authorize preparation of Resolve on Mandated School District Consolidation based on template prepared by Deer Isle-Stonington CSD School Committee and invite Mount Desert School Committee to approve a similar resolution.
Mr. MacDonald offered a sample resolution from Deer Isle-Stonington CSD School Committee to State representatives to recommend a citizen-initiated petition for a referendum to repeal mandated school consolidation.
MOTION: Selectman Smith moved to authorize the creation of a similar resolution, seconded by Selectman Smallidge. The vote was unanimous in favor.
Selectman Smallidge further recommended that a notice be sent to other towns to inform them of Mount Desert's interest in pursuing legal action to attract their participation, and that an article be developed for the Warrant at Town Meeting regarding use of Surplus Funds for such legal expenses.
C. Develop purpose and intent of referendum question for November 6 election.
Mr. MacDonald presented sample language for a non-binding referendum question regarding the funding formula for the MDI High School. He also recommended that before the vote is held, the Board determine a threshold of support from the voters to approve any future action. Selectman Smith concurred that a two-thirds super-majority be the threshold to show sufficient support.
A lengthy discussion followed about the timing of the vote given the amount of work the school boards already have underway around consolidation issues; the need to review the funding arrangements necessary to the consolidation plans that will also require Town approval through a vote; the need to educate the public about the issue and implications of their vote; the lack of clear plans for the Board if the vote supports a change; the concern over alienating the other partner towns involved; the apparent lack of interest of the public given the low turnout at previous meetings; the need to update the legislation or ACT that was originally created in 1958; the suggestion that leaving the school union would cause serious problems for the consolidation plan; the need to clarify the legal standing of the original Act given the recent
legislation; the upcoming public hearings over the consolidation plans as an alternate to a vote; the requirement to have some skeletal plan to the Dept. of Education by December 1; the need to finally hear the will of the Town voters through this non-binding question; the possibility of holding this vote in May rather than November; and the higher turnout of voters at general elections in November.
MOTION: Selectman Smallidge moved to approve the non-binding referendum question language as proposed, seconded by Selectman Mooers.
There was further discussion and consensus that a two-thirds vote would be the threshold of support required for the Board to take action.
The vote was unanimous in favor.
D. Evaluate and recommend further action on Assessing Services proposal from Town of Bar Harbor.
Mr. MacDonald reported on his conversations with Bar Harbor Town Manager Dana Reed about sharing the services and systems necessary for assessing services for the two towns. It was noted that to reduce any expenses it will be necessary to reduce the services the Town has offered while having a full time Assessor. There was some discussion about the computer systems and software currently used or available to share, and noted that would not offer any great financial savings. Mr. MacDonald was encouraged to continue the conversations with Mr. Reed, but to try to have a firm proposal for the October meeting for the Board to consider.
VI. New Business
A. Planning Board request to add article to December 3, 2007 Special Town Meeting.
Town Manager MacDonald reported that the Planning Board has recommended an Article to be placed on the Warrant for the December Town Meeting to accept a gift of up to $75,000 for the purpose of hiring a planner to assist the Planning Board in an analysis and updating of the Subdivision and Land Use Zoning Ordinances. Mr. MacDonald also noted that conversations with the Planning Board Chairman indicated the gift, while for a designated use, came with no strings attached.
MOTION: Selectman Smith moved to approve the proposed Article, seconded by Selectman Branch. The vote was unanimous in favor.
B. Respond to MMA School Reorganization Process survey.
Selectman Mooers reported that he had responded earlier to the MMA Survey and had their results from 95 participants. He read the results on a number of questions and summarized that in response to the survey, MMA will be developing a clearing house of information on the issues surrounding the school consolidation plans, which should be available on the internet in the next week or two.
VII. General Issues
A. Receive proposed six-month budget for January 1, 2008 through June 30, 2008.
Mr. MacDonald provided the Board with the first draft of the six-month budget for the Town. He noted the new format for the budget, which employs State auditor's chart of accounts, providing easier comparisons to other budgets and therefore greater transparency. Several points were made about the details, such as the lack of funding included for the Somesville sewer plant design, or the elementary school budget. Mr. MacDonald said the department heads were instructed not to include any unnecessary expenditures, particularly any reserve funds. He also noted there will be a budget workshop meeting on October 1.
VII. Other Business
None
IX. Treasurer's Warrants
Approve Treasurer's Warrant #67 for$680,450.40 and #68 for $143,334.20.
Signed as presented.
X Executive Session
None requested.
At 8:32 p.m. Selectman Branch moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
| 
