urn:schemas-microsoft-com:office:smarttags013fBoard of Selectmen Meeting, dateYear2006Day15Month5May 15, 2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 15, 2006
A meeting of the Board of Selectmen was held this date in the Community Room, Somesville Fire Station, CityplaceSomesville, StateMaine.
Those present included: Chairman Rick Savage, Selectmen Ernest Coombs, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Harbor Master Shawn Murphy, Finance Director Brent Hamor, Recording Secretary PersonNameEllen 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 dateYear2006Day1Month5May 1, 2006.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of dateYear2006Day1Month5May 1, 2006 as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of William Hodgkins to Sanitary District Steering Committee.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Richard W. Scott to Sanitary District Steering Committee.
Jim Robinson responded to a question from Selectman Smallidge with the clarification that, under State law MSRA 38, Section 11005, only registered voters in PlaceTypeplaceMt. PlaceTypeDesert can vote. Mr. Scott is a summer resident and a sewer user. He could be a non-voting member.
MOTION: Selectman Smallidge moved to approve the appointment of the above as a non-voting member, seconded by Selectman Coombs. The vote was unanimous in favor.
Town Manager MacDonald will explain to Mr. Scott why he is a non-voting member.
C.~~~~~~Approve appointment of Frederick Fraley to Sanitary District Steering Committee.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
D.~~~~~~Bangor Hydro Electric Co. notice of utility pole/ buried cable installation at Musetti subdivision. No action required.
E.~~~~~~Acknowledge receipt of Monthly financials; Trial Balance, Revenue Control Report, and Appropriation Control Report. No comments.
F.~~~~~~Acknowledge receipt of Department Reports: Public Works, Fire, Harbors, Code Enforcement, Administration, and Police.
Selectman Smallidge was very glad that the staffing changes at the wastewater plant worked out and noted that it is very rare to see a department request less manpower and have it work out.
Selectman Smallidge asked why the Town closed the clam flats in April during the best season for shellfish. After discussion about reasons and Chairman Savage’s understanding that the clam flats wouldn’t stand much more digging than they are getting now, Selectman Smallidge withdrew his suggestion to investigate a reversal of the decision. Harbor Master Murphy said a program for reseeding sections would be needed to maintain the flats.
G.~~~~~~Acknowledge receipt of Board and Committee meeting minutes; Planning Board April 10, 2006; Solid Waste and Recycling Committee February 2, 2006 and February 23, 2006.
No comments.
H.~~~~~~Vision Technologies project status report.
Town Manager MacDonald said it looks as if they’re on tract to complete the process and in time for meetings with summer residents in August.
IV. Selectmen Reports
1. Selectman Coombs was concerned about the 911 changes in dispatching because response might be slower with one receptor in Ellsworth who might not be familiar with different phone exchanges on the island. If someone sees a 244 number, he might call PlaceNameSouthwest PlaceTypeHarbor instead of PlaceTypeplaceMt. PlaceTypeDesert. He reminded the Board that the old way still works. People can still call 276-5111 to get what they need. Police Chief Willis said the phone company will maintain technology that shows the caller’s address on a screen.
V. Old Business
A.~~~~~~Approve Dobbs Productions Inc, request to use public access channel 2 for summer 2006 and winter 2007 for the placeAcadia Channel.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Sign Tax Anticipation Note (TAN) documents.
Town Manager MacDonald said the interest rates are higher because the Town’s credit reserve account does not really serve that purpose in the eyes of the auditors and the bond counsel. The Town would have to spend down its reserves to get a non-taxable rate. If the funds were in surplus instead, the Town would not have to borrow money. He said the investment committee discussed the issue last week and will have some recommendations. They thought borrowing money at a higher rate than the surplus is earning doesn’t make a lot of sense.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Review Commercial Float Agreement.
Considerable discussion took place on this item, specifically on the wording on the application for passenger vessels requiring naming the Town as an additional named insured. Responding to Selectman Smallidge, Town Manager MacDonald said the requirement could be extended to other commercial users if the Marine Management Committee recommended it and the Board approved it. Harbor Master Murphy said they were trying to prevent a situation in which a passenger is hurt and then sues. Selectman Coombs said showing proof of insurance and naming the Town as additional insured were two different things. Chairman Savage said his insurance agent told him the Town is limited to law suits to $400,000 through municipal protection. He said this case was singled out because of a trucking accident last
year. In order to protect the Town, he said they go after boat operators but there is no mention of truckers. He thought the playing field should be leveled for all users, all commercial activity – a broad sweep of the brush. Harbor Master Murphy said that, as of that day, all commercial barge and boat haulers must provide a certificate of insurance naming the Town as additional insured. This was a recommendation from the Town attorney. The whole thought process was to limit the Town’s liability. Town Manager MacDonald said the Town asks this of all contractors doing activity in the Town. Chairman Savage wanted to see agreements for not just two types of commercial activities but for all commercial activity there even though he knew marine insurance is a difficult thing to obtain. Town Manager MacDonald said a problem comes in defining a commercial activity. Selectman Coombs said contractors have the option of
recovering the cost. Bob Smallidge noted that passengers could be charged more but that a lobsterman does not have the option of raising the price of a lobster. Town Manager MacDonald recommended not expanding the definition of a commercial enterprise until the Town has a good definition of it, that any nebulous expansion could get the Town in difficulty.
VI. New Business
A.~~~~~~Quarterly scheduled meeting request from PlaceTypeMount PlaceTypeDesert PlaceTypeSchool Board Chairman CityplaceMarshall.
The frequency of meetings was discussed. At Chairman Savage’s suggestion, Town Manager MacDonald agreed to contact Mrs. Marshall and to prepare a mutual schedule. He recommended having one before the beginning of the budget process in the fall. Responding to Town Manager MacDonald, Chairman Savage thought they would get more input from the public at a regular Selectmen’s meeting than at one with a one subject agenda in between meetings.
B.~~~~~~Approve Mutual Aid Agreement for Law Enforcement Services with Town of CityplaceTremont.
Police Chief Willis said the only way his department could get the authority to back up the state police and sheriff in Tremont was by entering into a mutual aid agreement signed by Selectmen from this Town and Tremont. PlaceNameplaceSouthwest PlaceTypeHarbor would be part of the agreement because it also shares a border with Tremont. Patrol services would not be provided. The agreement is not for first response service; it is for back-up only. Selectman Coombs and Selectman Smallidge looked at the idea positively. Police Chief Willis said no action was needed that night.
VII. General Issues
A.~~~~~~Approve Union Congregational Church and Saint Mary’s and Saint Jude’s request to hold a for-profit barbeque picnic at the Seal Harbor village green, 5:00 pm to 7:00 pm on Saturday, August 5, 2006.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Update of Adelphia negotiations.
Town Manager MacDonald said a communication from Adelphia suggested that, because of the upcoming sale of that company to Time Warner, the Town might want to begin negotiations with Time Warner. He reviewed the need for consent from everyone with an interest in a specific private right of way before Adelphia could wire that road for service. Selectman Coombs and Selectman Smith had no problem with working with Time Warner. Density requirements were discussed.
C.~~~~~~Discussion of municipal provided internet access.
Town Manager MacDonald reported on research requested by Selectmen. In recent comprehensive plan discussions meetings, the thought was mentioned that people can have businesses in their homes if they have high speed internet access. That is not universally covered in the community now. He referred to a magazine article about WiFi. Cities and towns would provide internet access to citizens. Usually those towns have larger populations and don’t have all the geographic limitations that this Town does. Wireless internet is based upon line of sight. He has received information from a company in the Rockland/Thomaston area that is working to provide the service. He would like to find out how much it would cost to wire this Town. Chairman Savage noted this service would be in direct
competition with TimeWarner. He asked if that company was aware of WiFi. He wondered if the Town would have to pay for some kind of plan. Town Manager MacDonald thought the CityplaceRockland company would be interested in running his system here and explained some of the details. Mr. Robinson has heard of other towns where this system is in place and costs a lot less than what people pay Verizon and Adelphia here. The Board agreed the subject is worth pursuing. Selectman Coombs emphasized the importance of covering the whole Town.
D.~~~~~~Long Pond boat ramp replacement update.
Public Works Director Smith said the plank that he would like to use will not be ready until later this fall. He thought it was worth waiting for.
E.~~~~~~Fiscal year change – keep on the front burner - schedule public hearing (minutes of dateYear2006Day13Month33-13-06 BOS Meeting)
Town Manager MacDonald said probably there would be an advisory question on the November ballot. Bob Smallidge suggested putting an explanation of the fiscal year change on the Town’s web site. Discussion followed about putting it on television.
F.~~~~~~Investment Committee allocation recommendations.
Town Manager MacDonald said the Investment Committee met with Union Trust representatives the previous week and determined that probably some investments will have to be reallocated into fixed income investments. Investment earnings – dividends and interest - are now taken out of the reserves and counted as revenue. The committee recommended that all such earnings be redistributed back among the reserve accounts that generated the earnings in the first place so hopefully the reserve money put in there will keep pace with inflation. Finance Director Hamor agreed with that. The board was asked to approve that recommendation.
MOTION: Selectman Smith moved to approve the recommendation of the investment committee to retain dividend, interest and capital gains within the investment account and to allocate any earnings including capital gains among various reserve accounts by percentage of total assets, seconded by Selectman Coombs. The vote was unanimous in favor.
VII. Other Business
Mr. Robinson said the sanitary district committee will meet the next Wednesday at timeMinute0Hour186PM for organizing and to procure a list of goals to show Selectmen for their approval.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant # 34 for $122,278.46; #36 for $82,240.28
Signed as presented.
X Executive Session
At timeMinute0Hour208:00 PM, Chairman Savage adjourned the regular meeting.
MOTION: At timeMinute4Hour208:04 PM Selectman Coombs moved to go into Executive Session – Pursuant to 1 M.R.S.A §405.6.D; discussion of negotiation status with Teamster’s Local 340, seconded by Selectman Smith. The vote was unanimous in favor.
MOTION: At timeHour20Minute258:25PM, Selectman Smith moved to close the executive session, seconded by Selectman Smallidge. The vote was unanimous in favor. No action was taken.
At timeMinute25Hour208:25PM, Selectman Coombs moved to adjourn the regular meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
Adjournment. ~The next regularly scheduled meeting is dateMonth6Day5Year2006Monday, June 5, 2006 at timeHour18Minute306:30 P.M. in the Meeting Room, Town Office, PlaceNameplaceNortheast PlaceTypeHarbor.
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