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Selectmen's Meeting Minutes - 10/02/2006
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 2, 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: Chairman Rick Savage,  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.

I.      Call to order.

Chairman Savage called the meeting to order at 6:30 p.m.

II.     Minutes

A.      Approval of minutes of Regular Meeting of September 18, 2006.

MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of September 18, 2006 as presented, seconded by Selectman Smallidge.  The vote was 3 to 1.  Selectmen Coombs, Smallidge and Smith voted in favor of the motion.  Chairman Savage abstained; he was not present at that meeting.  The motion carried.

III.    Appointments and Communications

A.      Approve appointment of Loren Jason Clarke to Hancock County Drug Task Force.

Selectmen were concerned about filling Officer Clarke's Town position with a qualified person while he is with the Task Force since that's person's position will end when he returns.  Police Chief Willis said the replacement's salary will be reimbursed through the Task Force. Officer Clarke can not resign from the Town's force because he has to have a home agency as a sponsor.  He thought there will be enough funding for the Task Force to continue for another 2 to 3 years.  Chairman Savage said the Board would go into it with trepidations. Officer Clarke said he knew of the discrepancy between the Town and the County. He felt a representative is needed on the task force from this island.  If his job can't be filled, he will pull out of the task force.  He spoke of the need to deal with the drug problem.

MOTION:  Selectman Coombs moved to approve the above, seconded by Selectman Smith.  The vote was unanimous in favor.

B.      Acknowledge receipt of Board & Committee Minutes: Acadia Disposal District of August 24, 2006; Marine Management Committee of June 13, 2006; Planning Board Meeting September 11, 2006  
Selectman Smallidge said the Board had wanted the MMC to take up the concept of permitted parking at their September meeting.  Harbor Master Murphy, who was out of town then, said the matter will be on the agenda for the Oct. 17 meeting.

C.      Municipal Review Committee notice of Board of Director nomination form.  No action.

D.      Notice of MMA "Special Group Scholarship" award to Town of Mount Desert for Confined Space and Rescue Training.

IV.     Selectmen Reports

1. Selectman Smith said someone wanted to know about the new dark green pick-up truck with the Town insignia on it and, when told it was for the harbor, thought it presented a nice image of the Town.
2.   Selectman Smith asked about a disposal container for CAD batteries.  Public Works Director Smith said they can be taken to the annual hazardous waste collection at the high school on Oct. 28.  Town Manager MacDonald said it will be necessary to get a permit from the Town Office.  
3.   Chairman Savage commented favorably on the work on the Ripples Road and on the Somesville Fire House roof.  Selectman Smith asked that the crew doing the work will scrutinize the area carefully for nails by the cardboard recycling box.

V.      Old Business

A.      Accept bids for surplus fire department equipment (1962 International Fire Truck, 1987 Ford Wheeled Coach, and 1992 Grumman Step Van)

MOTION:  Selectman Smith moved to award all three trucks to high bidder Bob Foster for $6,500, seconded by Chairman Savage.  The vote was unanimous in favor.

B.      Approve ballot question wording for Advisory Referendum questions; Fiscal Year Change and Deer Management Plan.  (Reminder of October 16, 2006 Public Hearings on both subjects)

MOTION: Selectman Smith moved to approve the ballot formats as presented, seconded by Selectman Coombs.

George Peckham wanted to know how it would apply to changing the wording of the charter.  Town Manager MacDonald said it would depend what happens with the non-binding referendum question.  If a majority approves it, probably the Board would direct the staff to draw up a warrant article for the change.  Responding to Bob Smallidge, he said there will be public hearing notices and probably articles in the papers about it.

The vote was unanimous in favor.

VI.     New Business

Chairman Savage asked for a report on the Sanitary District from Jim Robinson who said the committee hadn't met since July because of personal issues.  They are working with Assessor Brushwein to get data from the new valuations and hope to meet soon.

E.      Approve relocation of Seal Harbor Beach dumpsters.

After discussion of the request from the Seal Harbor Village Improvement Society, the Board and Public Works Director Smith thought it would be best to move the dumpsters to an empty lot up the hill on Main Street

Item not on the agenda:  Dock extension application:  Harbor Master Murphy explained which floats will be involved.  Town Manager MacDonald said four months lead time will be required for ordering the timbers.  The permit is necessary to start the process.  

MOTION:  Selectman Smith moved to approve the Army Corps of Engineers application, seconded by Selectman Coombs.  The vote was unanimous in favor.

A.      Approve release of $4,474.24 from Reserve Account #2730 Radio Reserve (balance $26,573.00) to complete purchase of updated radio communications equipment.

MOTION:  Selectman Smallidge moved to approve the above, seconded by Selectman Smith.  The vote was unanimous in favor.

B.      Discuss adoption of policy of publishing public notice of Building and CEO permits

Code Enforcement Officer Keene said quite a few abutting property owners have been upset about permits being issued when they were not notified about them. She thought it would be neighborly for the Town to publish a permit list weekly, like Bar Harbor's, so that abutters would have time to appeal.  Discussion followed about putting the information on the web site. Town Manager MacDonald said the cost for putting the information could be $40 to $60 a week.  Chairman Savage did not think the Board was in a position to start the process that night and suggested that it could be prepared as a budgetary request.  Selectman Coombs thought budgeting for it would be a good idea.

MOTION:  Selectman Smith moved to put the information on the web site immediately and to recommend to Code Enforcement Officer Keene that she prepare an item for the budget, seconded by Selectman Coombs.  The vote was unanimous in favor.

C.      Approve request to temporarily locate a camper trailer at 2 Fitz Hugh Lane.

MOTION:  Selectman Smith moved to approve the above, seconded by Selectman Coombs.  The vote was unanimous in favor.

D.      Approve Utility Location Permit; underground electrical service, Ted and Laura Sweeney, Beech Hill Cross Road.

MOTION:  Selectman Smallidge moved to approve the above for 30 days, seconded by Selectman Smith.  The vote was unanimous in favor.  
VII.    General Issues

A.      Review preliminary "False Alarm Policy and Ordinance" Chief Bender.  

Fire Chief Bender reviewed his first draft of an ordinance and the reasons for it.  Considerable discussion followed.  Selectman Smith was impressed with its proactive nature and clear purpose for getting information. Fire Chief Bender said, if the Board is going to consider it, he wants more time to work on it and to incorporate security alarms.
Police Chief Willis said most of the alarms they respond to are false.  The alarm companies do not tell his department when they install an alarm.  Registration could help a lot with identification of a property.  Chairman Savage said the alarms are a huge problem for Fire Chief Bender who has to call in volunteers to respond to them. He said when 63% of the calls are false, something is out of whack.
Fire Chief Bender hoped that one result of the ordinance would be that the homeowners will put more time into maintenance of the alarms.  He noted that a ladder truck and 2 fire engines have to respond to each call.  Selectman Coombs suggested that both chiefs work on the ordinances.  
Selectman Smith said the ordinance should be considered a priority item.  He and Chairman Savage wanted to see a fee schedule based on real numbers.

B.   Review Commercial Float vacancy notice requirements   

Chairman Savage said it's almost impossible to make the numbers work realistically.  He gave examples.  Boats don't usually get licensed in the categories specified.  The big numbers, he said, are hypothetical and apply only if a boat is filled 6 times a day.  He noted that the parking lot was never full, a true indication that full capacity is not being reached.
Town Manager MacDonald recommended putting the notice in the paper and see what proposals come in.  Selectman Smith wanted to follow that advice.  Selectman Coombs agreed.

VII.    Other Business

A.      Review of amended and revised Personnel Manual and Policies.

Chairman Savage requested opinions from the department head.  Most said it was fair and a good compromise. It took a lot of work.  Assessor Brushwein said it would work only if followed.
Asked what the review policy should be, Police Chief Willis suggested staggering it so that some would be done each year.  Town Manager MacDonald said it would be important to keep on top of the regulatory requirements from the state and federal governments.  Possibly that would need a yearly review.  The changes could be made by Selectmen.  Chairman Savage suggested sunsetting it so that it would have to be reviewed.  Selectman Smith recommended a revision annually and a full review in the 3rd year.  Town Manager MacDonald said this was intended only to be reviewed at this meeting. In order to give employees and the public time to look at it, he wanted to put it on the agenda for the 16th.  Selectman Coombs agreed.  Responding to Chairman Savage, he said unfortunately it is not legal to use Town property for private use.  Chairman Savage recommended supporting the document.

B.   Preliminary Budget overview, (provided at meeting.)

Town Manager MacDonald reviewed the above and explained the changes.  Most of the departments are within 1% of the consumer price index.  Energy costs could be expected to contribute heavily to the bottom line.      

At 8:08 PM, a rumbling boom outside the building outside the building brought the meeting to a quick halt.  Police Chief Willis and Fire Chief Bender left to handle phone calls.  Speculations and earthquake stories abounded.  A few minutes later Police Chief Willis reported the noise was indeed an earthquake that measured 4.2 in magnitude. (Later that figure was reduced to 3.9 by the USGS.)  

Budget discussion resumed.

IX.  Treasurer's Warrants
Approve Treasurer's Warrant #79 for $194,803.48.
Signed as presented.

X       Executive Session

Pursuant to 1 MRSA §405.6.A - Town Manager's annual performance review.

MOTION:  At 8:30 PM Selectman Coombs moved to go into executive session, seconded by Selectman Smallidge.  The vote was unanimous in favor. No action was taken in the session.
MOTION:  At 9:02 PM Selectman Smith moved to come out of executive session and return to regular session, seconded by Selectman Coombs.

At  9:03 PM Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smallidge.    The vote was unanimous in favor.

Respectfully submitted,



Jeffrey Smith
Secretary

 
Adjournment.  The next regularly scheduled meeting is Monday, October 16, 2006 at 6:30 P.M. in the Town Hall Meeting Room, Northeast Harbor.