MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 4, 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, Selectmen Kathy Branch, 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 Special Meeting of November 15, 2006 and Regular Meeting of November 20, 2006
Selectman Branch said in the Nov 20 minutes, on page 3 line 16, the word "that " should be "than". On Page 4, line 11, the name Mary Stroud should be changed to Mary Strout.
MOTION: Selectman Smith moved to approve the minutes of the Special Meeting of November 15, 2006 as presented, seconded by Selectman Branch. The vote was 4 to 0 to 0. Selectman Smallidge abstained from voting because he was not there.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of November 20, 2006 as corrected, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A.. Accept with regret, resignation of James Bright as Warrant Committee member.
Selectman Smallidge moved to accept the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Acknowledge receipt of Board and Committee meeting minutes; Planning Board November 13, 2006 no action required/
C. Acknowledge receipt of Department Monthly reports; Public Works, Administration. No action
D. MMA Risk Management Services notice of "May 2006 Safety Grant" for air filtration system
Town Manager MacDonald said Public Works Director Smith has been successful getting grants.
E. Notice of Waiver of Service Summons.
Town Manager MacDonald gave the background. He reminded the Board that the complaint was only one side of the story. No action required.
F. Notice of Municipal Review Committee annual meeting no action required.
G. Request for referendum question on high school funding formula
George Peckham reviewed a recent letter to Selectmen. He has asked the School Board if they intended to do anything about the funding formula but they thought it had been taken care of. After discussion, they had agreed to put it on the agenda. He thought that if the Board did not deal with the issue they were putting this Town in an extremely difficult position. The only reaction could be a threat to secede, an act that he did not advocate for. He suggested that Selectmen put a referendum article on the Warrant asking citizens if they are interested in getting the formula changed. A yes vote would provide the ammunition to go forward; a no vote would bring a promise from him that he will leave it alone.
Selectman Smith thought finding out where people stand is a good idea. He agreed with Mr. Peckham that they aren't aware of the numbers. Chairman Savage was surprised to learn that the School Board thought the issue had been taken care. Selectman Smallidge supported the idea.
Chairman Savage said there are 2 or 3 weeks to work on something - to draw up the wording. Town Manager MacDonald said January 8, 2007 is the absolute deadline to add something. Jean Bonville and the Board discussed the possible repercussions of a change from a CSD to a SAD.
MOTION: Selectman Smith moved to ask Town Manager MacDonald to research the question and suggest wording for a referendum question for the Warrant on whether or not voters of the Town support changing the funding formula, seconded by Selectman Coombs. The vote was unanimous in favor.
IV. Selectmen Reports
" Selectman Smith said a citizen had called wanting to know the status of the sanitation district committee's progress. He called it a time sensitive issue. Mr. Peckham said Bob Cawley, a member of the committee, had not been notified of a meeting for some time. Chairman Savage asked Town Manager MacDonald to look into the matter.
V. Old Business
A. Respond to Rural Wastewater Support Program appeals (Charles Savage, Brian Hamor)
Town Manager MacDonald said the appeals came in within the required time frame.
MOTION: Selectman Coombs moved to approve the above appeals, seconded by Selectman Smith. The vote was 4 to 1. Selectmen Branch, Coombs, Savage and Smith voted in favor of the motion, Selectman Smallidge voted against it. The motion carried.
Town Manager MacDonald said the Selectmen have in their packages a warrant article pertaining to the above.
B. Approve release of $559.34 from Radio Reserve Account #2730 (balance $20,059.51)
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor. The vote was 4 to 1. Selectmen Branch, Coombs, Savage and Smith voted in favor of the motion, Selectman Smallidge voted against it. The motion carried.
VI. New Business
A. Approve release of $5,883.97 from Office Equip Reserve #2810 (balance $9,311.05)
Town Manager MacDonald said $7,000 was requested in the initial assessor's office budget proposal, for a server for to fund the Vision Appraisal software. An IT consultant has found a deal on the same thing for about $1,100 less if it is purchased now. If the Board approves the immediate purchases, the $7,000 would be removed from next year's budget.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith.
B. Review draft "Present and Voting" ordinance for 2007 Warrant.
Chairman Savage reviewed the subject of the number selectmen required at a meeting for a vote. Maine Municipal Association has recommended an ordinance. Town Manager MacDonald had supplied a draft for a warrant article which Selectman Smith thought contained plain and simple language clarifying the issue.
MOTION: Selectman Smith moved to include the above draft for the Annual Town Meeting Warrant, seconded by Selectman Branch. Town Manager MacDonald said it should be on the warrant so that voters would be aware they are giving two people the authority to act on the Town's behalf. Tom Richardson wanted clarification that if voters did not pass the ordinance, three unanimous Selectmen's votes would still be required in the event that only three of them were at a meeting. Chairman Savage called for a vote on the above motion. The vote was unanimous in favor.
C. Review possible warrant articles for allocation of dividend and interest income, RWWSP taxes due date to December 1 or December 31, rename Credit Reserve to Surplus.
Town Manager MacDonald said he and Finance Director Hamor learned that day that from the auditor that the Town should have been allocating interest and dividends all along to reserve accounts rather then as income. Responding to Selectman Smallidge, Finance Director Hamor said the auditor did not specify if the advice was "should" or "may". He interpreted the advice as indicating "shall".
Regarding the RWWSP due date for taxes, Town Manager MacDonald suggested the due date be December 31 if the charter changes are approved and the fiscal year is changed.
Town Manager MacDonald spoke about the options for renaming credit reserves.Jean Bonville said the down side to changing credit reserve to surplus is that whatever amount is in there is surplus and has to be spent before the Town can borrow. Therefore probably 99% of whatever money is invested in bonds or stock will have to be cashed in or spent. It needs to be put into some kind of reserve that doesn't have to be touched. Town Manager MacDonald had learned from Union Trust investment advisor that the Town has about $1.3 million that he could get tomorrow if needed. It would not be necessary to liquidate investments.
Town Manager MacDonald said the above items did not need any immediate action.
VII. General Issues
A. Service Group discussion with Warrant Committee.+
Warrant Committee member Tom Richardson reviewed what has happened with service requests for the past few years. With few exceptions, he said, the list of names has not been expanded and WC members have been frustrated by the process of listening to and reading requests that never get past the Selectmen. He was looking for direction from Selectmen. If the Board is not going to consider new names, he said the WC doesn't need to spend any more time reviewing applications.
Chairman Savage said somehow the word is out that the Town of Mt. Desert has become a benefactor for outside organizations. The questionnaire formulated for applications helped legitimize the requests. Selectman Smallidge did not think the other services have any business being funded through taxpayer appropriations.
Mr. Richardson said there so many different types of organizations, some of which provide services that the Town would otherwise have to handle. He said again that it makes no sense for the WC to review 75 applications. They could just review those recommended by Selectmen.
Selectman Smith thought the Board should take a fresh look at new requests to see if residents benefit from those organizations. He said they should all be examined.
Selectman Coombs suggested thinking about how much would be spent on third parties.
Mr. Richardson said the WC would deal only with organizations presented by the Board. He said that having a joint Board/WC meeting for other service requests worked well.
B. Water District request for review of fluoride in municipal water supply.
Water District Manager Paul Slack reviewed the practice since 1960 of adding fluoride to the water supply and said that recent information indicates that it is no longer the best thing to do. He proposed adding an article to the warrant. According to the rules, the article has to be written the same way it was when people were asked if they wanted fluoride and it has to be on a written ballot. Since the information and the question are not really clear he wanted to hold a public forum on the subject. Responding to Chairman Savage, Harry Madeira said all of the voters voted the practice in, therefore all of the voters have to vote on the question now regardless of whether or not they get public water.
MOTION: Selectman Smith moved to approve including the fluoride question on the referendum for the Annual Town Meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
VII. Other Business
A. Budget review with department heads
Police Chief Willis wanted to add $1000 to #2109 to get a dedicated internet connection for just the police department.
Town Manager MacDonald said all the "carry forwards" have not yet been listed. There is no number yet on what the revenue will be. Some public works projects still need to be completed. He wanted to know if the Board would consider transferring funds from the credit reserves to do so. Chairman Savage asked him to put some numbers together by the next meeting. Selectman Smallidge was hesitant to go into credit reserves. Mrs. Bonville agreed. Public Works Director Smith saw no problem with using them because both the auditors and the bond counsel said the Town's credit reserve is very large. The projects are on the books for public works but he said he could prioritize them. Discussion followed about how much should be in the credit reserves. Town Manager MacDonald said Jim Wadman advised last year
that an appropriate credit would be between 8 and 12 % of the current year's operating budget. The $1.4 million in the credit reserve is just about 12%. There are also quite a number of dedicated reserves. He wanted to have a firm handle on what excess revennues will be before recommending what to do about the reserves. Chairman Savage said a decision would not be made that night. He excused the department heads from the meeting.
B. Draft Warrant review
1. Assessor Brushwein brought up a possible item for the warrant. A property owner on Ripples Pond may need to install a new septic system on Town property and wanted to know if the Town would consider giving him an easement to do so. He still needs to find out where a buffer area is. There is a design for a failed system that would be on Town property. Chairman Savage said it is his obligation to hire a surveyor. He did not know if the Board has the authority to grant the request. Assessor Brushwein agreed to tell the owner he needs to get more information about the buffer and then come back to the Selectmen. He also noted that voters would have to make the final decision.
2. Other Services:
Acadian Little League: MOTION: Selectman Smith moved to recommend the requested $1,000, seconded by Selectman Smallidge. The vote was unanimous in favor.
American Red Cross: MOTION: Selectman Branch moved to recommend $300, seconded by Selectman Smallidge. The vote was unanimous in favor.
Downeast Aids Network: MOTION: Chairman Savage moved to recommend no funding, seconded by Selectman Branch. The vote was unanimous in favor.
Downeast Health Services WIC Program: Selectman Smith thought they should be given something because they serve some people in town.
MOTION: Chairman Savage moved to recommend no funding, seconded by Selectman Smallidge. The vote was 4 to 1. Selectmen Branch, Coombs, Savage and Smallidge voted in favor of the motion, Selectman Smith voted against it. The motion carried.
Downeast Horizons had requested $6,000.
MOTION: Chairman Savage moved to recommend $500, seconded by Selectman Branch. The vote was 3 to 2. Selectmen Branch, Coombs and Smith voted for the motion. Selectmen Savage and Smallidge voted against it. The motion carried.
Eastern Agency on Aging: MOTION: Selectman Branch moved to recommend no funding, seconded by Selectman Coombs. The vote was unanimous in favor.
Hospice of Hancock County: MOTION: Selectman Coombs moved to recommend $500, seconded by Selectman Smith. The vote was unanimous in favor.
Island Connections: MOTION: Selectman Smith moved to recommend $1,000, seconded by Selectman Coombs. The vote was unanimous in favor.
Lurvey-Wright Post 103: MOTION: Chairman Savage moved to recommend $400, seconded by Selectman Smith. The vote was unanimous in favor.
Mount Desert Island Historical Society: MOTION: Chairman Savage moved to recommend $500, seconded by Selectman Smith. The vote was unanimous in favor.
Mount Desert Nursery School: Chairman Savage noted the increased request for $4,500 includes $3,000 for siding. Selectmen commented favorably on the school.
MOTION: Selectman Smith moved to recommend $3,000, seconded by Selectman Smallidge. The vote was unanimous in favor.
Mount Desert Chamber of Commerce: Chairman Savage and Selectman Coombs thought the $5,000 increase for assistance in completing construction of a handicapped assessable restroom & shower addition to the yachtsman's building was a legitimate request. It is a quasi-municipal operation, Chairman Savage said. Selectman Smith noted that the marina is a money-maker.
MOTION: Selectman Smith moved to recommend $10,450, seconded by Selectman Coombs. The vote was unanimous in favor.
Mount Desert Nursing Association: Selectmen spoke very favorably about this organization.
MOTION: Selectman Coombs moved to recommend $20,000, seconded by Chairman Savage. The vote was unanimous in favor.
Neighborhood House: Town Manager MacDonald said $61,000 of the request is in the recreation budget and the rest is for programs. Selectmen decided to combine the two budgets.
MOTION: Selectman Smallidge moved to recommend $90,747 for Dept. 0450 Recreation, seconded by Selectman Smith. The vote was unanimous in favor.
Northeast Harbor Library: Seal Harbor Library: Somesville Library Association: Seal Harbor Village Improvement Society: Somesville Village Improvement Society:
Selectmen decided to combine all three libraries and the VISs in one motion.
MOTION: Selectman Smallidge moved to recommend $43,200 for #2928, 2929 & 2930, 2932 and 2941, seconded by Selectman Branch. The vote was unanimous in favor.
Washington Hancock Community Agency: Selectman Branch moved to recommend no funding, seconded by Chairman Savage. The vote was unanimous in favor.
Yesterday's Children: Selectman Coombs moved to recommend no funding, seconded by Chairman Savage. The vote was unanimous in favor.
Bar Harbor Food Pantry: MOTION: Chairman Savage moved to recommend no funding, seconded by Selectman Branch. Selectman Smith was not ready to vote. Town Manager MacDonald said he sends people from this Town there when he can not do anything for them with General Assistance. Selectman Smith said if the Town can't provide the service, it should do something.
MOTION: Chairman Savage moved to reconsider, seconded by Selectman Branch. The vote was unanimous in favor.
MOTION: Selectman Smith moved to recommend $500, seconded by Selectman Coombs. The vote was unanimous in favor.
Grand Hancock County Auditorium: Selectman Smallidge moved to recommend no funding, seconded by Selectman Coombs. The vote was unanimous in favor.
Thuya Garden & Asticou Landing & Terraces: Chairman Savage said he had a lot of trouble paving a private road. Selectman Smith did not think to Town could provide funds.
MOTION: Selectman Smith moved to recommend no funding, seconded by Selectman Branch. The vote was unanimous in favor.
Mt. Desert Island YMCA: Selectman Smith said his family uses the Y but that it has to be a pay as you go organization.
MOTION: Selectman Smith moved to recommend no funding, seconded by Selectman Smallidge. The vote was unanimous in favor.
Child and Family Opportunities:
MOTION: Chairman Savage recommended no funding, seconded by Selectman Coombs. The vote was unanimous in favor.
Community Health and Counseling Services:
MOTION: Selectman Smallidge moved to recommend no funding, seconded by Selectman Branch. The vote was unanimous in favor.
Downeast Transportation:
MOTION: Selectman Smith moved to recommend $450, seconded by Chairman Savage. The vote was unanimous in favor.
Island Explorer: MOTION: Selectman Branch moved to recommend no funding, seconded by Selectman Smallidge. Selectman Branch said they don't need to be coming to towns anymore.
Chairman Savage spoke of his opposition to charging no fee. Selectman Smith said a number of people in town use it. Selectman Coombs said the major donors don't want to see a fee. He thought the Town should say it can't afford the $14,000.
The vote was 3 to 2. Selectmen Branch, Savage and Selectman Smallidge voted in favor of the motion. Selectmen Selectman Smith and Selectman Coombs voted against it. The motion to recommend no funding carried.
Discussion followed about whether of not Island Explorer should be put on the Warrant. Selectmen Smith and Selectman Smallidge thought the voters should be given a choice. Town Manager MacDonald said if it is not in the Warrant, there would be no way that they would get funding. Chairman Savage thought it would be best to leave it in the Warrant since it was there last year.
Discussion ensued about whether or not the wording should be "to see what sum" or "not to exceed…". Chairman Savage and Selectman Smith agreed that it should be "to see what sum".
IX. Treasurer's Warrants
Approve Treasurer's Warrant # 99 for $211,658.29, #101 for #347,271 & #102 for $17,078.70.
Signed as presented.
X Executive Session
None requested
At 8:45 pm, Selectman Smith 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, December 18, 2006 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.
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