Board of Selectmen Meeting, February 6, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 6, 2006
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: Acting Chairman Patrick Smallidge, Selectmen Kathy Branch, Ernest Coombs, , 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, Recording Secretary Ellen Kappes and members of the public.
Call to order.
Selectman Smallidge called the meeting to order at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meetings of January 9, 2006, January 17, 2006 and Special Meeting of January 19, 2006.
MOTION: Selectman Smith moved to approve the minutes of the three above meetings as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of Kevin Edgecomb and Shawn Murphy as Shellfish Wardens.
MOTION: Selectman Coombs moved to approve the above annual appointments, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Bangor Hydro Electric, notice of intent to trim, cut or remove trees located within or adjacent to the public rights-of-way. No action required
C.~~~~~~Acknowledge receipt of department reports Harbor Master,, Administration, Fire, Public Works, Assessing no action required.
D.~~~~~~Acknowledge receipt of proposed ADD 2006 budget.
Public Works Director Smith said it would not be necessary to amend the public works budgets to reflect the above ADD budget.
E.~~~~~~Acknowledge receipt of monthly financials, Revenue Control Report, Appropriation Control Report, and Trial Balance. No action required.
F.~~~~~~Acknowledge receipt of board and committee minutes, Planning Board December 12, 2005; Traffic Committee, January 12, 2006; Comprehensive Plan Committee, January 4, 2006, Solid Waste and Recycling Committee December 1, 2005. No action required.
IV. Selectmen Reports
1. Selectman Coombs mentioned a newspaper article that said this Town showed no interest in training for executive sessions, saying he’d never heard about them. Town Manager MacDonald said the first he’d heard of it was from that newspaper. He said this Board has been very compliant about requirements. He offered to get the details from the Southwest Harbor Town Manager. Selectman Coombs said that would be a good idea.
2. Selectman Branch asked if there could be a new flag at the Seal Harbor dock. The one there is quite torn. Public Works Director Smith said sure.
V. Old Business
A.~~~~~~Review Baseline data for Schoolhouse Ledge and sign “Amendment and Clarification of Restrictive Covenants” agreement with National Park Service and Acadia National Park.
Town Manager MacDonald suggested that the Board delay action on the above unless they want corrections in the document. Park Service’s Mike Blaney and Maine Coast Heritage Trust’s David Macdonald had told him their time might be better served by coming to the Board’s February 21st meeting.
Selectman Branch noted a date correction on page 49. Selectman Smallidge was concerned with height restrictions in area 3 but Town Manager MacDonald said the documents only affect conditions in areas 1 and 2. Selectman Smallidge was uneasy about language about recreational use and restrictions on public uses.
Selectman Coombs and Selectman Smith had no problems with the document.
B.~~~~~~Set schedule to begin ordinance review as required by Town Charter section 5.3
MOTION: Selectman Smith moved to set March 21 for a public hearing on the “easy” ordinances, seconded by Selectman Branch. The vote was unanimous in favor.
At 6:45 PM, Selectman Smallidge closed the regular meeting and opened the following public hearing.
Public Hearing:~Haynes Garage Inc. for Automobile Graveyard renewal.
John March urged support of the permit.
At 6:46 PM, Selectman Smallidge closed the above public hearing.
VI. New Business
A.~~~~~~Approve Automobile Graveyard Permit renewal for Haynes Garage Inc.
MOTION: Selectman Coombs moved to take the above out of order and to approve the above renewal, seconded by Selectman Smith. The vote was unanimous in favor.
Selectman Smallidge took Items A. & B. under VII General Issues out of order.
A.~~~~~~Develop BOS position on MDI HS tuition
MDI School Board Chairman Gail Marshall said at the February 13 meeting, members will decide about the makeup of a review committee. She will recommend that it include a representative from each town council.
Town Manager MacDonald detailed projections for Mount Desert assessments during the next 8 years with a 15+ minute “wall show” of his spreadsheet. His calculations showed the state valuations, possible average numbers of students and percent of students in each town, impact of tuition students, cost per student for each town, and how the current formula affects each town. Using that formula, this Town’s assessment would increase at a greater rate than that of other towns. At Selectman Smallidge‘s request, he had calculated the per pupil cost if it were figured on enrollment only and showed what the effect would be on each town. This Town would benefit with same costs as the other towns.
Selectman Smith said the formula has been inequitable for years. It seemed to him that going by per pupil costs would be fair to Mt. Desert taxpayers. As a selectman, he has been getting a tremendous amount of flak about the funding formula. He hasn’t heard this before and is getting increasing concerned. Selectman Branch agreed with Selectman Smith. She wanted to see if there is any room in the initial documents for amendment or correction of the existing formula. Selectman Smallidge read his opinion, which included the belief that the towns should be assessed at a cost per student.
Superintendent Rob Liebow had different numbers and percentage increases. Based on those percentages for the last three years, he said it is hard to project out whether or not that would play out at 10% each year when the pattern is all over the place. He thought there should be some sort of circuit breaker that would take control of valuation spikes in a year and spread the cost over all the towns. The tuition issue is a huge one and should be changed. There is a serious interest on the part of the Board to look at the formula. He thought a common and equitable solution is possible if towns work together. It is not as simple as it looks. He did not think total enrollment is the way to go. There would be towns with an inability to pay causing a backlash to the school. A formula that
isn’t well thought out would result in a slow dismantling of what has become one of the premier high schools in Maine. It’s expensive to run but it is the one ticket our kids have to the future. We have to be careful about how we go through this exercise.
George Peckham reviewed his calculations and results. He took issue with an editorial by Earl Brechlin in the Islander, saying his figures were deceptive.
Ms. Marshall noted that everyone gets upset when you start throwing numbers around. People in Tremont will get upset when they hear that people in Mt. Desert want to pay strictly based upon the number of students they sent. The formula was written decades ago. She said no formula and no assumption lives forever. It is perfectly acceptable for one member of the partnership (Mt. Desert) to raise questions about the ongoing legitimacy of the formula. Her concern was how the concerns are raised, how to get other people to the table to have a mutually respectful discussion, how to avoid a situation in which one town draws a line in the sand and differences escalate. Under that scenario, she asked what incentive other towns would have to participate in a committee meeting at the high school. She thought the
numbers would speak for themselves. At a recent preliminary discussion some high school board members from other towns thought maybe they did need to take a look at the formula. It is not necessary to hit people over the head with a baseball bat to get them to listen and discuss the issue from many different perspectives. She thought basing the assessment on a per-pupil cost would be a non-starter, politically and equitably.
Selectman Smith said it’s the people he talks to who want to draw lines in the sand. He did not think it is an all or nothing situation. The formula hasn’t been looked at since 1968 and needs rethinking without backing other towns into a corner.
Selectman Coombs noted that Selectmen have no say in the high school budget and then have to figure out what to do about the Town’s budget.
Mr. March said tactically Selectmen’s remedy clearly is going to be fashioned in the legislature. Any change in the funding formula probably needs to derive from a consensus by our representatives. The rest of the delegation needs to be on board. The only way they can act jointly is for all towns to reach an agreement. It is appropriate for Selectmen to express concern but it is less helpful if they insist that night on what the remedy should be. That discussion needs to evolve in the committee at the high school. The remedy for the inequitable situation with tuition students also needs to be done through the legislature. Per pupil costs are high. He thought what needs to be addressed is how to have affordable housing in this Town, how to stop the enrollment decline and how to boost
enrollments.
Selectman Smith said there are people who would push for withdrawing from the high school. But he wanted to seek a middle ground before there is a ground swell of agitated people. He supported Ms. Marshall’s idea of a meeting of the minds.
Mr. Marsh was adamantly opposed to any effort to see this Town withdraw from Union 98 and try to go on alone. Money would be saved but that would be doing students a disservice.
Selectman Smallidge said it will be necessary to show substantial progress on negotiating tuition and the formula. Mr. Marsh asked Selectmen to give the process a chance. Mr. Peckham said the legislature won’t listen unless the request comes to them from the school board.
Selectman Smith said there seemed to be a consensus among the board. Ms. Marshall suggested that they tentatively appoint someone to the committee and then, if the proposal for the committee is approved at the Feb. 13 meeting, someone will be in place.
Selectman Coombs said the Board’s position is that they would like to see some relief from the expenses the Town is incurring at the high school. Selectman Smallidge said the Board wanted to negotiate a substantial change in the high school formula in relation to the inequities between the towns and the tuition students. Selectman Smith said there has to be a change in both those areas and that they want to avoid an all or nothing situation.
B.~~~~~~Appoint BOS member to MDI HS review committee
MOTION: Selectman Smith moved to appoint Selectman Smallidge to the Board’s representative on the school committee, seconded by Selectman Branch. The vote was 3-0-0. Selectmen Branch, Coombs and Smith voted for the motion, Selectman Smallidge abstained. The motion carried.
Ms. Marshall stressed the need for care in making pronouncements about the subjects until they have a chance to talk about them at a meeting.
V. Old Business
C.~~~~~~Review draft commercial dock regulations, set date for public hearing on regulations
Town Manager MacDonald noted questions asked by Maritime Attorney Duddy. Harbor Master Murphy said the question to be decided is whether or not transfers will be allowed. He reviewed options in response to Selectman Coombs’s interest in the lottery question. Selectman Smallidge wondered if establishing a wait list was preferable. Town Manager MacDonald asked if those with commercial dock permissions should be protected. He asked if the Town could increase revenues using the lottery system to fill vacancies as a result of transfers. Harbor Master Murphy said Selectmen have the right to approve or not approve a transfer. No one wants to see a whale watch come into the marina with people being bused in and not spending time in town.
Town Manager MacDonald said a decision should be made that reduces the grey areas in the regulations. The Town should not leave itself open to a lawsuit from a dissatisfied customer.
Selectman Smallidge was more comfortable with a wait list. Discussion followed about whether or not a transfer would go before a person on a wait list.
Harbor Master Murphy said the Marine Management Committee has not met since Duddy’s questions came in but will next week. Town Manager MacDonald suggested letting the MMC meet and make a recommendation.
Selectmen scheduled a March 13 public hearing on the regulations.
VI. New Business
B.~~~~~~Authorize Town Manager to sign Agreement with Island Foundation, permitting Fire Department use of structure at 2 Peabody Drive for fire training purposes.
Fire Chief Bender said the training will be on the exterior of the house only.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
C.~~~~~~Approve Harbor Master application for State of Maine, State Planning Office “Shore and Harbor Planning Grant” and authorize Town Manager to sign “Agreement for Special Services.”
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Authorize Acadia Disposal District (ADD) to represent the Town of Mount Desert in talks with EMR regarding Universal Waste.
Public Works Director Smith said this Town fulfills its State requirement by offering a means to dispose of universal waste at an annual collection. EMR is offering for a $62. per month charge to set up something for it in Southwest Harbor. He needed authorization to review the proposal and then come back with a recommendation. Money is in the budget for the collection day.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
They all guffawed when the recording secretary asked who firsted the motion.
VII. General Issues
C.~~~~~~Authorize Town participation in 100% employee paid voluntary dental plan with Maine Municipal Employees Health Trust.
MOTION: Selectman Smith moved to authorize the above, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Sign Annual Town Meeting Warrant
E.~~~~~~Sign certification of proposed ordinances
Town Manager MacDonald said the above documents were in Selectmen’s packets.
VII. Other Business
A.~~~~~~Schedule FEMA ISD-700 and National Incident Management System (NIMS) ICS 100 and ICS 200 training for week of February 20.
Town Manager MacDonald said the forum is available at the school because of vacation that week. The training is necessary if the Town wants to participate in grants from the above. The date was set for February 22 after Police Chief Willis said February 20 did not allow him enough notice. Town Manager MacDonald will send everyone a schedule.
IX. Treasurer’s Warrants
A. Approve Treasurer’s warrant as presented; #6 for $101,208.92 and #7 for $167,094.51.
Signed as presented.
X Executive Session
None requested
At 8:22 PM, Selectman Coombs 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 Tuesday, February 21, 2006 at 6:30 P.M. in the Community Room, Somesville Fire Station, Somesville.
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