Board of Selectmen Meeting, January 17, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, January 17, 2006
A meeting of the Board of Selectmen was held this date in the Seal Harbor Fire Station Community Room, 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; Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, 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 January 9, 2006
Selectmen had not received copies of the above minutes in their packets. The item was postponed until the next regular meeting.
III. Appointments and Communications
A.~~~~~~Consider appointment of Celeste Law to Planning Board and Ordinance Review Committee
Town Manager MacDonald indicted there are currently no vacancies on the above board but that he anticipates one resignation. Joe Tracy was surprised to see the above on the agenda because traditionally his board is given notice of possible new appointees before the Selectmen. Selectman Smallidge said an appeal by Ms. Law had recently been rejected. He thought she could be perceived as having an agenda or a grudge. Chairman Savage said there had been no change by Selectmen in the policy for appointing Planning Board members. He wanted to reaffirm the Board’s wish to consider Planning Board feelings. Selectman Smallidge said there had been an error of omission.
Heather Jones thought Ms. Law could serve on a different board or committee.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was 0 to 5. The motion did not carry.
B.~~~~~~Department Report, Administration. No comments, no action required.
C.~~~~~~Planning Board communication from Acting Chairman Clunan.
Chairman Savage summarized why Selectmen had considered adding a Comprehensive Plan & Review Board. Jim Clunan summarized his letter. Mr. Clunan spoke of plans to set aside time at each meeting to review subdivision ordinance changes and to heavily draw on the Planning Assistant position. Board application procedures were discussed. Selectman Smith said the application form needs to be made more informative. Mr. Clunan said his board tries to get to know prospective members, to learn about their backgrounds and to find out if they do have any agendas. David Irvin encouraged Selectmen to provide more resources to the Planning Board and to make GIS mapping available rather than create another board. Mrs. Jones encouraged the idea of strengthening the position of the Planning Board
assistant.
Town Manager MacDonald said Hope Rowan was appointed as a consultant, not a Town employee. If the Board wants to make it a part time job, they need to vote to do that and to provide funding. No job description had been developed. It is currently funded in the CEO budget. A member of the CPC said Ms Rowan is essentially their leader and has done a lot of work for that committee. Sandy Andrews expected the Planning Board to be redefining the role.
Selectman Smith recalled that Selectmen had agreed to review ordinances affected by the curfew or sunset provision.
7:00 P.M. Public Hearing:~~~~~~~2006 Budget and Warrant Articles.
Chairman Savage opened the above public hearing and continued the discussion with the Planning Board because it was so well represented. Mr. Clunan said the Board would continue to function as a single board and that work on the comprehensive plan will be a major objective for the coming year. Responding to Chairman Savage, he said there are no vacancies but one will be coming up in March. Responding to Selectman Smallidge, he said he did not want to pursue expansion of the board. If more members were added, two more would be required in order to have an odd number.
IV. Selectmen Reports
Selectman Smallidge reported that at a recent High School board meeting, members decided a committee would be formed with a school board member from each of the towns and an individual representative, probably a municipal official. He asked this Board to consider between now and its next meeting what its official position is regarding the tuition formula and what its expectations would be. Selectman Smith said they had said what they don’t want; now they need to say what they do want and what they think is fair.
Continuation of Public Hearing on Budget and Warrant Articles
The procedure was discussed. Selectmen decided to vote only on these articles with changes in them. They bemoaned the miniscule size of the print on the draft warrant.
Article 7 had not yet been approved. MOTION: Selectman Smallidge moved to recommend passage, seconded by Selectman Smith. The vote was unanimous in favor.
Article 8: Town Manager MacDonald said the figure had decreased to $560,413.
MOTION: Selectman Smallidge moved to recommend passage, seconded by Selectman Coombs. The vote was unanimous in favor.
Town Manager MacDonald said there were no changes in Articles 9, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 37, 50 – 54, 56, and 58.
Article 12 Highway: Town Manager MacDonald said there was an approximately $25,000 change in this article. Funding for road reserves had been put back into it.
MOTION: Selectman Smallidge moved to recommend approval, seconded by Selectman Smith. The vote was unanimous in favor.
Article 16 Other Services: Paul Murphy argued for a reconsideration of the amount recommended in a previous meeting for the Island Explorer. It was $4,000 less than previous appropriations. Selectmen had wanted to see a fare charged on the bus. 70% of the passengers purchase park passes. Half the cost of each park pass pays for the bus system. Selectman Branch thought adequate warning about the decrease had not been given to Island Explorer.
MOTION: Selectman Branch moved to increase the line item back to $14,000. No one seconded the motion.
Selectman Smith thought she made a good point but stood by his original vote. Selectmen did not change the previous recommendation. No vote was required.
Article 24 Personnel: Town Manager MacDonald said the change is in the workmen’s compensation cost.
MOTION: Selectman Coombs moved to accept the new amount, seconded by Selectman Branch. The vote was unanimous in favor.
Article 25 Deer management: Selectman Smallidge said his committee was looking for public input on the floor of Town meeting. Instead of a questionnaire, the mailing would now be a statement about the philosophy of the committee.
MOTION: Selectman Smallidge moved to approve the change in the article, seconded by Chairman Savage. The vote was unanimous in favor.
Article 26: Town Manager MacDonald said the article, the result of LD1, is on the warrant in case voters raise the appropriation in excess of State approved limits. Selectmen had previously approved this article.
Mrs. Jones said articles 43 and 45 should be deleted. Selectmen agreed.
Article 47 Rural Wastewater Ordinance: The change in this and in article 46 reflected a change in a deadline date.
MOTION: Selectman Coombs moved to approve this article, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 46 Rural Wastewater Ordinance: MOTION: Selectman Smallidge moved to approve the above article, seconded by Selectman Smith. The vote was unanimous in favor.
Article 48 Flood Plain Ordinance: MOTION: Selectman Smith moved to approve the update of the ordinance, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 49 Right of Way Ordinance: Town Manager MacDonald said this would allow the Town to control the entire right of way, not just the paved portion of the road.
MOTION: Selectman Smith moved to approve the above article, seconded by Selectman Coombs. The vote was 4 to 0 to 0. Selectmen Branch, Coombs, Savage and Smith voted in favor of motion; Selectman Smallidge abstained. The motion carried.
Article 55 Lease for American Legion: Town Manager MacDonald said the Board still needed to determine the length of the lease at the Seal Harbor Fire Station. Chairman Savage said one year made sense because of the study of Town facilities.
MOTION: Selectman Coombs moved to lease the training room for a term of one year, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 57 municipal expenditures before the Annual Town meeting: MOTION: Selectman Smith moved to approve Article 57, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 59 transfer from Credit Reserve Account: Town Manager MacDonald said this was a different amount from what Selectmen previously approved.
MOTION: Selectman Coombs moved to approve the new amount, seconded by Selectman Smith. The vote was unanimous in favor.
Article 60 unconditional gifts: MOTION: Selectman Smith moved to approve the article as written, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 61 transfer of balance in Surplus: MOTION: Selectman Smallidge moved to approve the article, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 62 interest rate on unpaid taxes: Town Manager MacDonald said last year’s rate was 7.75% and that 11% is the maximum the Maine Revenue Services will allow. Selectman Smith thought 11% was hard on people who have trouble paying their taxes. He recalled that Carlo Ninfi used to recommend erring on the side of kindness. Finance Director Hamor indicated that if 11% is the determined rate, he could not charge someone in financial difficulty less than that rate. Chairman Savage did not want to but thought the higher rate should be charged. Public Works Director Smith said there are people in all financial spectrums who do pay their taxes.
MOTION: Selectman Smallidge moved to charge 8% on unpaid taxes, seconded by Selectman Smith. The vote was unanimous in favor.
Article 63 prepayment of taxes: MOTION: Selectman Smith moved to approve Article 63, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 64 interest rate for abated taxes: MOTION: Selectman Smith moved to set the interest rate at 4%, seconded by Selectman Branch. The vote was unanimous in favor.
Article 65 overpayment of taxes: MOTION: Selectman Coombs moved to approve Article 65, seconded by Selectman Smith. The vote was unanimous in favor.
Article 66 disposal of Town-owned property: MOTION: Selectman Coombs moved to approve this article, seconded by Selectman Smith. The vote was unanimous in favor.
Article 67 sales by public auction: MOTION: Selectman Smallidge move to approve this article, seconded by Selectman Smith. The vote was unanimous in favor.
Article 68 contract for services: MOTION: Selectman Coombs moved to approve this article, seconded by Selectman Smith. The vote was unanimous in favor.
Selectman Smith had a guilty conscience about Island Explorer and wanted to add $4,000 back into its appropriation. Discussion followed. Chairman Savage thought the message was loud and clear about user fees on the bus.
Selectman Branch pointed out that the wrong year was still written on page 50 of the Warrant. Town Manager MacDonald said he would take care of the correction.
Selectmen grumbled about the small font size.
V. Old Business
A. Set Public Hearing date for Charter Amendment Referendum question.(Suggest February 6, 2006)
Town Manager MacDonald said a special Town meeting will be needed for 1) the charter requirements on notices to the Planning Board and publication of the charter change and 2) for State statutes on the public hearing and notice requirements before a charter amendment. Research revealed that there is not enough time to comply with State statutes on a public hearing and requirements for the Warrant Committee. The 45 day window between the time the Warrant Committee receives the completed warrant and Town Meeting will occur on Jan 20. There was not enough time to put a 7 day notice in the paper before a public hearing. Attorneys suggested a special town meeting. He is checking with attorneys to find out if charter or State statutes would override one another in this case. Chairman Savage said if
a special town meeting is required, the Board would have to act on the issue that night. Town Manager MacDonald explained the required time line if they wanted to hold it a special Town Meeting concurrently with the Annual Town Meeting. Finance Director Hamor saw no rush since the Board had decided to wait until 2008 to enact the fiscal year change. Chairman Savage agreed with the suggestion to postpone this for another year. George Peckham was concerned that stretching out the process could make it convenient to sweep the matter under the table. Chairman Savage assured him that it would not be ignored but would be made clearer. He did not want to see the public get confused about when the change would take effect. Selectman Coombs said the Board needs to work on the matter soon and not wait for a deadline. After more discussion, Selectmen decided to wait until 2007. Town Manager MacDonald said he could put it in the template
now for the 2007 Annual Town Meeting Warrant so that the item would not be forgotten. No public hearing date was set.
VI. New Business
A.~~~~~~Approve modifications to Float Rental Agreement
Harbor Master Murphy reviewed changes in the agreement and explained the need to strictly enforce fining and revoking of docking privileges for those who discharge waste into the harbor rather than using the marina’s sanitary pump out facility.
MOTION: Selectman Smith moved to approve the above modifications, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve 2006 Northeast Harbor Marina Summer Rate Schedule.
Harbor Master Murphy reviewed the above with Selectmen.
MOTION: Selectman Smith moved to adopt the above summer rate schedule, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Award 2006 Town Report & Town Warrant print bid.
MOTION: Selectman Smith moved to award the above to the lowest bidder, Snowman Printing, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Approve Malt, Spiritous and Vinous liquor license for Judith L. Swett, d/b/a Lighthouse Inn and Restaurant.
MOTION: Selectman Coombs moved to approve the above renewal, seconded by Selectman Smith. The vote was unanimous in favor.
VII. General Issues
None
VII. Other Business
A.~~~~~~Approval of Warrant Articles for 2006 Annual Town Meeting
MOTION: At 8:45 pm, Selectman Smith moved to close the Public Hearing, seconded by Selectman Branch. The vote was unanimous in favor.
MOTION: Selectman Smith moved to approve the Warrant Articles for the 2006 Annual Town Meeting as corrected in the Public Hearing, seconded by Selectman Coombs. The vote was unanimous in favor.
Harbor regulations: Town Manager MacDonald asked Selectmen to retain the draft copies of the Harbor Regulations and the attorney’s email with questions in their packet. The Board will be asked to answer those questions at the next meeting. Any amendments will be sent to the municipal attorney for his approval. Harbor Master Murphy said a decision needs to be made about how to allot spaces when they become available before the moratorium expires. Town Manager MacDonald recommended against making a decision that night.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant # 3 for $363,022.71.
Signed as presented.
X Executive Session
None requested
At 8:53 pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
The next regularly scheduled meeting is Monday, February 6, 2006 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.
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