Board of Selectmen Meeting, Feb 7, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 7, 2005
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 Ernest Coombs, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, Harbor Master Sean Murphy, Finance Director Brent Hamor, 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 6:30 p.m. Minutes
A. Approval of minutes of Regular Meetings of January 3, 2005 and January 10, 2005.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meetings of January 3, 2005 and January 10, 2005 as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
VII. New Business
Chairman Savage took the agenda out of order since two people were there to discuss two items.
A.~~~~~~Consider request from American Legion Post #103. ~Request to use unoccupied and unused meeting room on “middle floor” of Seal Harbor Fire Station/Community Room.
Town Manager MacDonald said Jack Tracy had told him the Legion was looking for a new place to call home because they have to get out of the Holmes Store building. Mr. Tracy showed plans for using the fire station.
Responding to Chairman Savage, Mr. Tracy said they wanted exclusive use but could be flexible. They wanted long term use unless, in another year, Selectmen find they have a more important need for the room. He preferred that other people not use the room because it will be set up for meetings.
Selectman Smallidge wondered if the Town would be listed as an additional insured to give added protection. Town Manager MacDonald said when the Town leases a building on a long term basis usually an insurance policy covers the organization using the space. On their insurance policy, they name the Town as an additional insured to provide a level of protection for both parties.
Chairman Savage preferred that the lease not extend more than a year because the Board did not know what future plans for the building would be. He could not say that night what the fee would be. Selectman Smith approved of the concept. Chairman Savage asked Mr. Tracy and Town Manager MacDonald to work out the details and bring the final ideas back to the Board.
Not on the agenda:
Audit Report: Auditor James Wadman presented the independent auditor’s report saying it is an adverse opinion meaning that it is not a fair presentation of the Town’s financial condition. The Town has not yet implemented the governmental accounting standards for statement #34 by not yet recording its inventory of fixed assets and putting together a government wide presentation for the Town. A value needs to be assigned to the major portion are the Town’s infrastructure assets - streets, sidewalks, parking lots, etc.
Pointing out the deposit protections, he said all but a very small amount of money is protected.
Referring to the budget vs. actual reports, he said the Town collected revenues of almost $213,000 in excess of what was budgeted for. Expenses were $657,769 below the budget. More than $800,000 is going towards the fund balance. By ordinance, $100,000 remains in the undesignated fund account. $870,702 has been added to the credit reserve account. $400,000 of it can be used to reduce taxation.
This was a year when the Town was required to implement statement #34. The Department of Education sent a letter asking where the Town stood with it. Chairman Savage said they would make it a priority. Mr. Wadman said the Town was required to have the statement by general accounting principles. Not doing it could cause adverse effects if the Town wanted to borrow money or qualify for grants. Town Manager MacDonald said they would get together with Mr. Wadman’s staff to determine how to treat the assets. Extra money was put in the budget this year to handle the appraisal of the Town’s property.
B.~~~~~~Delegate Municipal Review Committee voting authority to Acadia Disposal District.
MOTION: Selectman Smith moved to delegate the above authority, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Discuss Town of Mount Desert participation with M DOT for continuation of Pretty Marsh Road improvements.
Town Manager MacDonald said the improvements wouldn’t actually take place until 2007. The Town has indicated its intent to fund its third of the project over a two year period. Public Works Director Smith said the Town’s share would be $100,000 of the $300,000 project. He was just letting Selectmen know that a letter had been sent to the DOT.
D.~~~~~~Award of Northeast Harbor marina surveillance cameras purchase and installation to Northeast Burglar and Fire Alarm Company in the amount of $11,250.
Town Manager MacDonald said the Town had received a grant for the above amount from Homeland Security for four video cameras. Harbor Master Murphy said Northeast Burglar and Fire Alarm were only ones to submit an estimate and that it was for the above amount.
MOTION: Selectman Smallidge moved to award the above, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Parking and Traffic Committee Traffic Ordinance recommendations.
Police Chief Willis presented the issues:
1. A citizen had contacted him with his concern about private use of public land for parking construction equipment near Peddar’s Corner.
2. He recommended deleting a section prohibiting overnight parking on Main Street during the summer. He understood that the ordinance was passed a few years ago to facilitate street sweeping. His department had never enforced it. Ken Poors thought it was not necessary. Town Manager MacDonald wondered if the Town was obligated to provide overnight parking for apartment dwellers.
3. He favored putting a stop sign at the Oak Hill Road and Whitney Farm Road intersection.
4. He wanted guidance from the Board about parking boots. Very vague language authorizes the Police Department to use them. He saw them as a way to put teeth into parking rules. He was not sure what the fee should be for removal of the boot. Towing cars was a possibility but it is hard to get a wrecker to the marina parking lot in the summer.
5. For overnight parking on Main Street during the winter, he wanted to delete the part of the ordinance that says a 24 hour advance notice would be given to a vehicle owner before it is removed. He wanted to use wording stating instead that police would try to find the owner but if they could not, the vehicle could be towed.
Town Manager MacDonald said the ordinance changes would require a public hearing. Police Chief Willis asked for a couple of months for the Traffic Committee to work on them.
Chairman Savage confirmed with Police Chief Willis that a mid-April hearing would give them enough time.
Discussion of issues:
1. Construction equipment and trailer parking near Peddar’s Corner: Ben Moore said another 4 to 8 contractors also use the parking area before the corner and that it is about the only spot they could use overnight. Selectman Smallidge did not think there was a lot of use of that space. He could not see any objection to people working for a living using it.
Selectman Coombs suggested giving a two hour restriction a little more thought for people hiking and painting and for overflow at the Asticou.
Chairman Savage said sometimes the equipment appears to be a fixed item and when it does, it basically is an abuse of the privilege. No one would object to occasional or necessary use but for the lot to become private parking for anybody is overstepping the limit.
Selectman Smith liked the notion of extending the two hour parking. His only issues were with limiting the school bus’s ability to turn around there or obstructing a tourist’s view of the map but did not think it should become someone’s private parking area.
Responding to Mr. Moore’s assertion that the area being used was the one south of the corner, Police Chief Willis said the same issue came up at the Traffic Committee for both places.
Chairman Savage said any policy would be for all Town property. He also pointed out that the VIS goes to the expense of maintaining a vista on Route 198 and that is why the turn off is there. He asked Police Chief Willis to settle on the language. Forty-eight hours appeared to be the preferred time limit for parking.
2. Selectmen agreed that overnight parking on Main Street should be allowed during the summer. Police Chief Willis will check on the hours involved. They agreed to Police Chief Willis suggestion to cross off the restrictive language.
3. Oak Hill Road stop sign: Selectman Smith said he had had close calls there a number of times because of the blind corner and thought a double stop sign is needed. Public Works Director Smith said he would check on clearing the brush there. Selectmen came to a consensus on a 2 way stop sign.
4. Parking boot: Selectmen agreed that after three unpaid tickets, a boot could be used and that the fee to remove it would be $100.
5. Selectman Coombs said language should be changed in the ordinance so that police could do something about vehicles blocking the snow plows. He suggested letting people know in November with warnings or tickets about illegal parking on streets.
F.~~~~~~Consider recommendation to limit public access to NEH Marina dumpsters.
Town Manager MacDonald said during the summer, only 5% of the garbage going into the dumpsters is from boaters and, in the winter, nearly 100% is not from them. One option is to fence off the area, having it open only early in the morning for people from boats. The other is to remove the containers and put one in the lot near the Chamber of Commerce building. Considerable discussion followed. Public Works Director Smith said he had had reports of a steady stream of people using the dumpsters as a transfer station. By limiting them to their intended use for boaters, the Town’s liability and cost could be reduced. Chairman Savage said it was a great privilege and a convenience to have the dumpsters there for people who need more than once a week pick up. It bothered him to see
the abuse with washing machines, used oil, construction debris and more, spoiling it for everyone. Public Works Director Smith said there are also dump pickers that could eventually get stuck with a hypodermic needle. Phil Lichtenstein recalled when one dumpster was sufficient for boaters. Now there are problems with gulls, people overstuffing them and the difficulty of the crew with keeping up with the volume. Referring to costs, Public Works Director Smith said the Town pays additional fees to dispose of that trash and overtime pay is needed to pick up in the summer on weekends.
Responding to Edie Crowley, Public Works Director Smith said construction debris is a huge problem. Harbor Master Murphy recommended pulling the dumpsters from their current location and putting two in the seasonal lot during the summer. With a fence, he expected that a pile of garbage would be left outside the gate and wondered who would be responsible for picking it up. As it is, he finds garbage bags behind the building. Dana Haynes pointed out that if people don’t use the dumpsters, the garbage truck will have to stop at their houses.
Selectman Coombs said the dumpsters are being abused. Selectman Smallidge recommended doing nothing. Selectman Smith preferred moving two dumpsters to the private parking lot. Kathy Branch thought house to house pick up should be sufficient.
Chairman Savage asked Public Works Director Smith to come back with a recommendation from the Solid Waste Committee.
G.~~~~~~Consider recommendation to discontinue recyclable collection from three town Post Offices.
Town Manager MacDonald said Public Works Director Smith asked that this item be pulled.
III. Appointments and Communications
A.~~~~~~Approve appointment of M Murdoch to County Services Committee
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Douglas Randolph-Foster to Marine Management Committee.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Accept with regret resignation of William Boddy as Harbor Master, resignation effective February 3, 2005.
MOTION: Selectman Smith moved to accept with regret the above resignation, seconded by Selectman Smallidge. The vote was unanimous in favor.
D.~~~~~~Accept with regret resignation of Cary Lunt as dispatcher, resignation effective February 3, 2005.
MOTION: Selectman Smith moved to accept with regret the above resignation, seconded by Selectman Smallidge. The vote was unanimous in favor.
E.~~~~~~Accept with regret resignation of Barbara L. Williams as Planning Board Assistant, resignation effective January 24, 2005.
MOTION: Selectman Coombs moved to accept with regret the above resignation, seconded by Selectman Smallidge. The vote was unanimous in favor.
F.~~~~~~Confirm appointment of Edward Montague as Wastewater Treatment Plant Laborer at hourly rate of $11.40, increasing to $12.00/hr after successful completion of six-month probationary period.
MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
G.~~~~~~Confirm appointment of Shawn Murphy as Harbor Master at weekly salary of $788.46, increasing to $827.88 after successful completion of six-month probationary period.
Town Manager MacDonald said Mr. Murphy was recommended by the Marine Management Committee and in two unsolicited letters from seasonal visitors.
MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
H.~~~~~~Confirm appointment of Hope Rowan as part-time Planning Board Assistant at an hourly rate of $18.00.
Town Manager MacDonald said Hope's main focus would be getting the Comprehensive Plan Committee back on track with the Comprehensive Plan review. Selectman Smallidge requested a review of the plan as it now stands. Mrs. Crowley appealed for more committee members.
MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
I.~~~~~~Notice from Maine Emergency Management Agency of approval of $11,250 Law Enforcement Terrorism Protection Grant. Acknowledged.
J. Bangor Hydro Electric notice of intent to trim, cut or remove trees along right-of-way.
Selectmen did not want additional information.
K.~~~~~~Acknowledge receipt of Planning Board meeting minutes for November 22, 2004, November 29, 2004, and December 13, 2004; Marine Management Committee minutes for meeting of January 11, 2005; Solid Waste Committee Meeting minutes for meeting of December 7, 2004; and Acadia Disposal District Board meeting minutes of December 22, 2004. Acknowledged
L.~~~~~~Acknowledge cable television rate increase notice from Adelphia and Adelphia notice of “Changes in Digital Packages.”
Town Manager MacDonald said the Town could do nothing about the increase.
M.~~~~~~Acadia Disposal District update on cardboard policy implementation. Acknowledged.
N.~~~~~~Acknowledge Olver Associates Weekly Construction Summary for January 7, 2005, January 14, 2005, January 21, 2005, and January 28, 2005. Acknowledged.
IV. Consent Agenda
None
V. Selectmen Reports
None
VI. Old Business
A.~~~~~~Approve withdrawal of $3,697.00 from Public Works Equipment Reserve Account 2875 for purchase of Compu-Spread sand and salt flow controller from Howard Fairfield. ~This controller to be installed on previously approved 2005 plow truck.
MOTION: Selectman Smallidge moved to confirm the above, seconded by Selectman Smith. The vote was unanimous in favor.
VIII. General Issues
None
IX. Other Business
A.~~~~~~Approve Warrant and schedule Special Town Meeting to approve amended lease with Mount Desert Water District, and to correct school appropriation articles.
Chairman Savage explained the above was all legalese but that it had to be done. Selectmen agreed to call a Special Town Meeting at 5:30 pm on March 8, 2005 before the Town Meeting.
Selectmen reviewed the articles referring to the amended lease.
Article 1: Selectman Smallidge moved to recommend approval of this article, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 11: Selectman Coombs moved to include this article on the Special Town Meeting Warrant, seconded by Selectman Smith. The vote was unanimous in favor.
Article 12: Selectman Smallidge moved to include this article on the Special Town Meeting Warrant, seconded by Selectman Smith. The vote was unanimous in favor.
Article 13: Selectman Smallidge moved to include this article on the Special Town Meeting Warrant, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 14: Selectman Smallidge moved to include this article on the Special Town Meeting Warrant, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Note next meeting is Tuesday, February 22, Feb 21 is President’s Day holiday.
At Chairman Savage’s suggestion, the above meeting will be held in Seal Harbor.
X. Treasurer’s Warrants
Approve Treasurer’s Warrants #10 for #322,871.26, #11 for $172,887.91, #12 for $10,303.33, #SB42 for $5,762.92 and #14 for $116,684.42.
Signed as presented.
XI Executive Session
None requested
At 8:16 PM, Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor
Respectfully submitted,
Jeff Smith
Secretary
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