Board of Selectmen Meeting, Jan 3, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, January 3, 2006
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Seal Harbor Fire Station, Seal 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; Police Chief James Willis, Assessor John Brushwein, Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, Code Enforcement Officer Kimberly Keene, Recording Secretary Ellen Kappes and members of the public.
Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of December 19, 2005
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of December 19, 2005 as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
~A.~~~~~Acknowledge receipt of Acadia Disposal District meeting minutes, December 8, 2005, Marine Management Committee meeting minutes (with draft marina rate schedule)12-13-05; Comprehensive Plan Committee meeting minutes 12-14-05 with additional comments by CPC Chair Suminsby.
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Chairman Savage said Selectmen were persuaded by Jerry Suminsby to create a new board but did not do justice to the Planning Board by listening to their concerns. He had assumed the Planning Board had agreed to the new board but a recent call from Mark Sevigny informed him that there was no such agreement. Selectman Smith had had the impression that the Planning Board was overwhelmed. Chairman Savage wished Selectmen had consulted the Planning Board. He and Selectman Smith were concerned about giving away some of the authority of a board. They wanted to reconsider. Chairman Savage still thought staffing another major board presented a problem. Selectman Coombs was concerned with the creation of a committee whose sole job would be to take on the ordinances and possibly look for things to
do.
MOTION: Selectman Smith moved to reconsider their action (to recommend creation of a permanent Comprehensive Plan and Review Board) and to meet with the Planning Board and the CPC to iron out the issue, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: Chairman Savage moved to withdraw Article 36 from the Warrant, seconded by Selectman Smith. The vote was unanimous in favor.~~~~
B. Old Fire House, letter of interest in purchasing.
Town Manager MacDonald said he had earlier talked to Arthur Jacobs, informing him that the Town could not sell the building to the first person to come in. A sale would require putting it out to bid and a town meeting. Chairman Savage reviewed the recent process and the two warrant articles about a long term lease or sale of the building to the Museum.
Mr. Jacobs wanted the same consideration that the museum is getting. Chairman Savage said the Board is not ready to offer the building for sale. Selectman Smallidge said both the CPC and the Planning Board had recommended that the building be retained for a public use. Chairman Savage mentioned a persuasive letter from a Main Street business indicating that the item is important enough to be on the referendum part of the ballot. Selectman Coombs agreed about the importance. Selectman Smallidge thought the referendum would provide wider public input. George Peckham brought up the idea of using the building to fulfill Town administrative needs. Chairman Savage said the Board had not given it much thought. Public Works Director Smith spoke about getting an
estimate for the cost of making the building usable for the Town. Chairman Savage read the warrant articles.
MOTION: Selectman Smallidge moved to put both articles on a referendum vote as stated, seconded by Selectman Coombs.
Selectman Smallidge was concerned that the subject could be viewed as an either/or question and wondered if a third option should be added. Public Works Director Smith said the third option could be to do nothing.
Police Chief Willis wanted to know if the Town would lose the option to use the building for office space if one referendum question passes. He thought it would be a shame to find out belatedly that it could be a solution for some of the Town’s problems. The question of negotiating the agreement was discussed. Selectman Smith asked what would happen if one year down the road, the Town determined that the best place for administration is the Fire House Building. Town Manager MacDonald said the museum has another year of their lease and suggested not committing the town to a long-term lease or sale. Selectman Smith spoke in favor of looking at the needs of the Town and the best use of a public building, especially in light of an estimated of $1.4 million to renovate the Municipal
Building. Assessor Brushwein was concerned that the referendum would not give people enough opportunity to understand what the alternatives are. He wanted them to have all the facts. Chairman Savage was concerned that Public Works Director Smith’s suggestion of putting the issue off to 2007 would in effect be backing down. Bob Smallidge suggested sending the information out in a quarterly report. He also said the Board needs to communicate with the museum people that the long term-lease or sale might not encounter as smooth sailing as they had thought. Selectman Smith said he was all for museums but that a good position for the Town might to use that space as office space. He has only been aware in the past year about the need for office space and in particularly in the last few months about how expensive that office space might be. The traditional use of that building for Town services and office space was beginning to make more sense to him. He wanted to reexamine the use
of the building.
Chairman Savage said he wished the Museum Board was present at the meeting. Town Manager MacDonald suggested that the Board make a recommendation about the questions. Chairman Savage reviewed the agreement by Selectmen, the Planning Board and the CPC about the wording of the articles. Mr. Smallidge stressed the need to know the cost of fixing up the building. Chairman Savage said the money has not been raised to do a study. Selectman Smith stressed that the necessity of providing an explanation.
The vote was unanimous in favor of putting both articles on a referendum vote as stated.
MOTION: Selectman Coombs moved to recommend to not adopt either article, seconded by Selectman Branch. The vote was 4 to 1. Selectmen Branch, Coombs, Savage and Smith voted in favor of the motion; Selectman Smallidge voted against it. The motion carried.
Selectman Coombs said that was not anti-museum statement. It is an obligation to the Town to look into the matter.
Public Works Director Smith asked if Selectmen wanted a written proposal for the building. Chairman Savage said if any money is spent, it should be for a study of all properties.
Town Manager MacDonald said the funds could be put in the building and grounds line item and then taken out if the referendum passes. Public Works Director Smith thought the study could be done for $10,000 or less. Selectman Smallidge and Selectman Coombs thought the Board was jumping the gun.
MOTION: Selectman Smith moved to put $10,000 in the 2007 budget for evaluation and appraisal of existing Town owned structures, particularly the Old Town Office, seconded by Chairman Savage. The vote was 3 to 2. Selectmen Coombs. Savage and Smith voted in favor of the motion; Selectmen Branch and Smallidge opposed it. The motion carried.
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C. ~Notice of MMA Safety Grant, $1,425 for tailgate lift. No action required.
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D. ~MMA notice of updated version of “Government is People”, an MMA publication explaining local government in Maine. No action required.
IV. Selectmen Reports
1. Responding to Selectman Smith, Police Chief Willis said weight control on the Whitney Farm Road is on the Traffic Committee’s agenda for next week’s meeting.
2. Mr. Peckham said the MDES school board would meet the next day at 4:00 and discuss the funding formula at the high school. The High School Board meeting agenda for 7:00 PM on Jan. 9 also includes the funding formula. On Jan. 11 at 7:00 PM, the Commissioner of Education will be at the High School for a special School Board meeting to discuss items of mutual concern.
3. Mr. Peckham wanted to see an informal referendum or something on the warrant about changing the fiscal year. He read a proposal he had written that included benefits of changing the fiscal year. Chairman Savage said he could not accept the proposal as an article with all those caveats. Town Manager MacDonald said changing the date of the Town meeting would require a charter commission to look at the issue. Selectman Smallidge said he thought the Board had received an indication from the November survey of no interest from the public. Mr. Smallidge did not think that survey could be used. Town Manager MacDonald said that if an article were in the warrant for changing the fiscal that it should include the creation of a charter commission to study the effect of the
change. Selectman Smith wanted to get another recount on the issue. Town Manager MacDonald will prepare language for an article for the next meeting.
4. Selectman Smallidge said the Commissioner of Education will be accepting any questions. He reiterated his thoughts on the funding formula and said if something is going to be done to settle it, it has to be done now.
5. Chairman Savage said someone from the Route 102 section of Town had asked him about the status of the Adelphia contract for high speed internet and cable. Town Manager MacDonald reviewed delays in the franchise agreement and his frustrations with the procedure. A lengthy discussion of problems with Adelphia followed.
6. Public Works Director Smith said the dam master gave him instructions last week to open all gates on the Long Pond dam.
V. Old Business
A. Sign Public Hearing notice.
VI. New Business
A.. Approve Northeast Harbor Sailing School regatta for July 18 and July 19, 2006.
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Craig Wilkinson, General Manager of the Northeast Harbor Fleet explained the event, saying it will not be an annual regatta, and answered Selectman Smallidge’s concerns about use of the boat ramp. Harbor Master Murphy was enthusiastic about the idea. Town Manager MacDonald recommended the use be contingent on use of the Town’s standard agreement that would protect the Town for liability.
MOTION: Selectman Smith moved to approve the above and include that it is conditional on the use of the standard agreement, seconded by Selectman Coombs. The vote was unanimous in favor.
B. ~Authorize Town Manager to sign on behalf of the Town of Mount Desert addendum number two to agreement by and between EMR, Inc. and the in habitants of the Town of Mount Desert, fuel surcharge.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
VII. General Issues
None
VII. Other Business
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A. Finalize Service Group requests.~~~~~~~
Selectman Smallidge thought the individual requests should be reviewed from top to bottom.
Mt. Desert Nursery School: The Board agreed to the $1,050 request.
Mt. Desert Chamber of Commerce: The Board had lowered the request to $5,400 because the Town will provide janitorial services.
Mt. Desert Nursing Association: Selectman Smallidge proposed moving the requested $500 from the American Red Cross to the Nursing Association making their appropriation $19,500. Selectman Coombs agreed saying he was interested in dealing with organizations that actually serve the people in this Town. Selectman Smallidge thought the Nursing Association focuses its activities on the people in this Town. Selectman Smith agreed with the idea to give locally.
MOTION: Selectman Smallidge moved to approve an appropriation for the Nursing Association for $19,500 and removing $500 from the American Red Cross, seconded by Selectman Coombs. Carmen Sanford asked for consideration to be given to Hospice. The vote was unanimous in favor.
Community Health & Counseling: MOTION: Selectman Smallidge recommended against the requested appropriation, seconded by Selectman Branch. The vote was unanimous in favor.
Downeast Aids Network: MOTION: Chairman Savage moved no appropriation, seconded by Selectman Coombs. The vote was unanimous in favor of the motion.
WIC: MOTION: Selectman Smallidge moved to grant no allotment, seconded by Selectman Smith. Responding to Selectman Coombs, Selectman Smallidge said other resources were available to both Community Health & Counseling and WIC. The vote was unanimous in favor in favor of the motion.
Downeast Horizons: MOTION: Chairman Savage moved to approve the 2004 appropriation of $5,600 seconded by Selectman Coombs. The vote was unanimous in favor.
Eastern Agency on Aging: MOTION: Selectman Smith moved to grant the $500 request, seconded by Selectman Smallidge. The vote was unanimous in favor.
Emmaus: MOTION: Chairman Savage moved not to fund it, seconded by Selectman Coombs. The vote was unanimous in favor.
Hancock County Home Care: MOTION: Chairman Savage moved not to fund it, seconded by Selectman Smith. The vote was unanimous in favor.
Hospice of Hancock County: MOTION: Selectman Coombs moved to approve $500, seconded by Selectman Smallidge. The vote was unanimous in favor.
Maine Coast Memorial Hospital: no funding
WHCA: no funding
Westside Food Pantry: no funding
Yesterday’s Children: MOTION: Chairman Savage moved no funding, seconded by Selectman Smith. The vote was unanimous in favor.
UPC: no funding
Acadian Little League: MOTION: Selectman Smith moved to approve an appropriation of $1,000, seconded by Selectman Smallidge. The vote was unanimous in favor.
Downeast Transportation: MOTION: Selectman Smith moved to approve the request, seconded by Selectman Coombs. The vote was unanimous in favor.
Island Connections: MOTION: Selectman Smith moved to approve the request, seconded by Selectman Coombs. The vote was unanimous in favor.
Island Explorer: Selectman Smallidge said maybe it is time to let the passengers pick up some of the tab. He thought the original $14,000 was for helping it get off the ground. Chairman Savage was flabbergasted that the organization did not agree with charging a fee. Selectman Smith suggested approving the request this year but expressing concern as taxpayers in March and speaking to the Advisory Commission. Selectman Smallidge suggested weaning the organization.
MOTION: Selectman Smallidge moved to approve a $10,000 appropriation, seconded by Selectman Branch. The vote was 4 to 0 to 0. Selectmen Branch, Savage, Smallidge and Smith voted in favor of the motion; Selectman Coombs did not vote. The motion carried.
Lurvey Wright Post 103: Chairman Savage said the Town is giving them a great deal of funding by letting them use the building. Ms. Sanford noted this was a first time request and that Selectmen did not usually grant first time requests. Town Manager MacDonald said $400 was funded for them under Parks and Cemeteries.
MOTION: Chairman Savage moved no funding, seconded by Selectman Coombs. The vote was unanimous in favor.
Child and Family Opportunities: No funding
B. 2006 Budget and Town Meeting Warrant update.
Selectman Smallidge asked if an appropriation could be added in for a White Tail Deer Survey in a separate article.
MOTION: Selectman Smallidge moved to make a separate article for $1,000 for a White Tail Deer Survey, seconded by Selectman Smith. The vote was unanimous in favor.
Town Manager MacDonald said the Town has overspent the interest line in the finance warrant article to the tune of $12,000. Another warrant article will deal with that. Looking at the effect of the one time charges on the undesignated fund balance, it appeared as if there will not be as much unspent money as originally planned. He said the Board might want to consider moving one or two of the one time expenses out of the fund balance and putting them on the bond with the Summit Road. He explained the effect on fund balances and the recommendations of auditors. He also said the auditors will recommend that the marina as a revenue producing facility be separated as an enterprise.
MOTION: Selectman Smallidge moved to take the Ripples Road improvements and Seal Harbor sidewalk projects from the one time capital improvement projects and adding them to the 10 year bond, seconded by Selectman Smith. The vote was unanimous in favor.
Chairman Savage ascertained with Public Works Director Smith and Police Chief Willis that there would be no problems with Sam Shaw’s request for a dumpster in the parking lot next to his building,
Town Manager MacDonald reminded Selectmen of the plan for an extra meeting on January 9 to clean up lingering issues. Chairman Savage said they also need to review the ordinance review portion then. The meeting will be in Seal Harbor again.
IX. Treasurer’s Warrants ~~
A.~~~~~~Approve Treasurer’s Warrants # 119 for $ 54,045.96 and #120 for $ 95,574.01.
Signed as presented.
X Executive Session
None requested
At 8:37 PM, Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor
Respectfully submitted,
Jeffrey Smith
Secretary
Adjournment. ~The next regularly scheduled meeting is Monday, January 9, 2006 at 6:30 P.M. in the Community Room at the Seal Harbor Fire Station, Seal Harbor.
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