MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 1, 2006
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Town Office, CityplaceNortheast Harbor, StateMaine.
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 PersonNameJohn 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 timeMinute30Hour186:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of dateYear2006Day17Month4April 17, 2006.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of dateYear2006Day17Month4April 17, 2006 as presented, seconded by Selectman Smith. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of Corey Frost and Ryan Dunbar as seasonal refuse collection helper at $11.50 per hour.
MOTION: Selectman Coombs moved to approve the above appointments, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Bruce MacDonald as part-time recycling attendant and part-time seasonal public works employee at $11.50 per hour.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Approve appointment of Joanne Dunton as seasonal Building and Grounds employee at $12.00 per hour
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Notice of revised Comprehensive Plan Workshop schedule.
Chairman Savage said there are some issues that the public should be talking about. He feared the committee would go through all the work, no one would attend the meetings and the same thing would happen that happened in Blue Hill. The whole thing got thrown out because people didn’t put enough information in while the plan was being developed. He thought the Town should do everything possible to get people to go to the CPC meetings. He encouraged the Board to attend. He will go to at least the one in Northeast Harbor; Selectman Smith will go to the one in Somesville and Selectman Branch has signed up for three of them.
E.~~~~~~Acknowledge receipt of meeting minutes; Planning Board, March 27, 2006; Comprehensive Plan Committee April 12 and April 19, 2006; Marine Management Committee April 11, 2006; Acadia Disposal District February 16 and March 16, 2006. No comments.
IV. Selectmen Reports
1. Responding to Selectman Smith’s question about high speed internet through Adelphia, Town Manager MacDonald said he has been trying to settle the matter since he started here in 2001 and has been in contact with them. He feared they are delaying everything until federal legislation goes through and then they won’t have to deal with the Town on the local level. It’s the telephone companies and other service providers that don’t want to have to deal with local franchise agreements. He said there is nothing stopping them from expanding it into other areas within the Town now.
2. Selectman Smallidge brought up the discussion of the high school funding formula committee. He thought there was no consensus that PlaceTypeplaceMt. PlaceTypeDesert is getting the short end of the financial stick. He saw no support from other towns for readjusting the formula.
Chairman Savage was sure there was a little sympathy. He had the impression they were definitely going to address the tuition problem. He would be encouraged if they do that much. George Peckham was not encouraged by talk about investigating to a SAD. He thought the opposition would be just the same.
Chairman Savage interrupted the discussion with a reminder about the public hearings.
At timeMinute44Hour186:44 pm, he closed the regular meeting and opened the following public hearings.
Public Hearing~~timeMinute35Hour186:35PM~Special Amusement Permit Mainsail Restaurant
Public Hearing~~timeMinute40Hour186:40 PM~~~~~~~~Special Amusement Permit Asticou Inn
At timeMinute45Hour186:45 pm, Chairman Savage closed the above public hearings and reopened the regular meeting.
Selectman Smallidge thanked Town Manager MacDonald for the extensive work he did with the figures. Town Manager MacDonald thanked Assessor Brushwein for doing the research on comparative housing costs in each of the 4 communities for the tax effect on high school funding. Talk continued on the subject.
3. Chairman Savage asked about the commercial float rental agreement. He had thought that what the Board signed just said the operators were to show approval of insurance but the agreement that he received in the mail says the Town of Mt. Desert should be named as an additional insured. Town Manager MacDonald thought the Town attorney put that in the agreement. He did not think there would be any additional costs but Chairman Savage said the standard fee would be $100.
Since no one had a copy of the agreement, Town Manager MacDonald suggested putting it on the agenda for the next meeting.
Chairman Savage said the whole thing came about because of the barge incident when a truck went off the ramp. He asked if the Town was going to ask all the contractors to name the Town as an additional insured. Harbor Master Murphy said that has been done. He said it is their responsibility to make sure that the load they are hauling is insured on their policy.
Town Manager MacDonald said if the company drops someone as an insured, the Town is unaware of that. If it is named as an additional insured and the primary insured does not pay his bill, the company has to notify everybody named on the policy. It protects the Town’s interest.
4. Chairman Savage said he had received a phone call about an RV in the parking lot. Police Chief Willis said his department is working on it.
5. Selectman Coombs said Kenny Poors spoke to him about finding a place to take fill. In 1998, Selectmen said they would pursue the matter. Public Works Director Smith said his department is looking for one.
6. Selectman Smallidge asked Public Works Director Smith about the pipe for the addressStreetSummit Road storm drains and about using a straight public right of way at the end of the road. They discussed where the pipe will be.
V. Old Business
A.~~~~~~Approve one-year (1) lease with Lurvey Wright American Legion Post 103 for “Training Room” at PlaceNameplaceSeal PlaceTypeHarbor Fire Station.
Responding to Chairman Savage, Town Manager MacDonald said the Town is named as an additional insured.
MOTION: Selectman Smith moved to approve the above lease, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Extend until May 17, 2006 Seal Harbor resident use of portion of Seal Harbor Pier parking lot to construct 20x20 float.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Approve $1,600,000.00 Tax Anticipation Note.
Town Manager MacDonald discussed the interest rate and life of the as needed bond with Mr. Peckham.
MOTION: Selectman Smallidge moved to approve the above note, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Accept bids for surplus equipment.
Town Manager MacDonald said bids on a generator and three John Deere front tires were rejected because they were insufficient. Some items had no bids. Public Works Director Smith said they would be advertised again later in the summer.
MOTION: Selectman Smith moved to accept the above bids, seconded by Selectman Smallidge. The vote was unanimous in favor.
E.~~~~~~Accept bid for PlaceNameplaceSomes PlaceTypeHarbor realignment.
Town Manager MacDonald did not recommend accepting the lowest bid even though it was only about ½ the amount of the next bid. He and Harbor Master Murphy had been skeptical about it. He recommended the 2nd highest bid because that company has done considerable work there.
Phillip LaFrance, who has a mooring business in Brooklin, said that with his unusual vessel, he thought he could get the job done quicker than anyone around here. He explained how he works.
The only thing he lacks is knowledge of the local mooring field.
Chairman Savage said he was inclined to use local services because of their familiarity with the location and past history. Selectman Coombs agreed.
MOTION: Selectman Coombs moved to accept the bid from Alvah B. Barge Service, Inc. for $22,185, seconded by Selectman Branch. The vote was unanimous in favor.
Selectman Branch asked about extending the time frame for the work. Discussion followed about standard procedure. Contractors usually knew about lag time between the award and the start date. Matt Knox said there is some land work and some material that needs to be ordered. He said he would have been on location 10 days ago if he had known he would get the bid. He didn’t want people to be upset if he didn’t get the work done by May 30. Responding to Town Manager MacDonald’s question about a penalty clause in the contract, Harbor Master Murphy said there is no contract yet. Chairman Savage told him to go for it, saying that he might just have to listen to some verbal abuse but to get the job done.
VI. New Business
A.~~~~~~Approve Special Amusement Permit for Mainsail Restaurant
MOTION: Selectman Smith moved to approve the above renewal, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve Special Amusement Permit for Asticou Inn.
MOTION: Selectman Smith moved to approve the above renewal, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Approve resolve “authorizing and designating Acadia Disposal District as negotiating agent” for solid waste service providers.
Chairman Savage thought ADD already had the authority. Public Works Director Smith said this would be a confirmation of it. He described different options. Town Manager MacDonald noted that anything would have to come back to the Town to be voted on.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Approve release of $7,750.50 from Police Radio Reserve Account R2730 (Balance $34,323.83), payment to Brown’s Communications and Roof Systems of StateplaceMaine.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
E.~~~~~~Approve release of $5,040.00 from Reserve Account 2780 (addressStreetSummit Road Sewer) and authorize future expenditures from the reserve account up to the account balance (currently $158,770.32)
Public Works Director Smith said this would supplement the bond funding. He hoped to have the bids in August and to begin work in September.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
F.~~~~~~Approve purchase of 2006 police cruiser from Dave Gould Ford; $21,401.00.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
G.~~~~~~Approve mooring fees for Northeast Harbor, $50.00 for all moorings. ~
Town Manager MacDonald said everyone had to be treated equally because this harbor is the only one in the Town in the federal navigation program.
MOTION: Selectman Coombs moved to approve the fees, seconded by Selectman Smallidge. The vote was unanimous in favor.
VII. General Issues
A.~~~~~~Sanitary District Steering Committee, update.
Town Manager MacDonald said only one more application has been received and that was this afternoon from a PlaceNameplaceSeal PlaceTypeHarbor summer resident who is an attorney and finance person. Anne Funderbunk said it is important to include people from Somesville and Otter Creek. She volunteered to write people to ask them to join. She had drafted a letter to the signers of the original letter about the sanitary district about joining the committee. After she read the letter, Chairman Savage encouraged her to send it. Responding to a concern from Mr. Peckham, Public Works Director Smith did not think the committee would be less credible if all 5 signers were not on it. He and Mrs. Funderbunk briefly discussed procedure.
VII. Other Business
A.~~~~~~Teamsters’ Admin/Dispatch unit initial negotiating session scheduled for May 12.
Selectman Coombs will represent the Board.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant # 31 for$292,878.08; #32 for $368,662.87.
Signed as presented.
X Executive Session
None requested
At timeMinute41Hour197:41 pm Selectman Smith moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
Adjournment. ~The next regularly scheduled meeting is dateYear2006Day15Month5Monday, May 15, 2006 at timeMinute30Hour186:30 P.M. in the Community Room, Somesville Fire Station.
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