Board of Selectmen Meeting, February 22, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, February 22, 2005
A meeting of the Board of Selectmen was held this date in the Community Room, Seal Harbor Fire Station, Seal Harbor, Maine.
Those present included: Chairman Rick Savage, Selectmen Ernest Coombs, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Shawn Murphy, Finance Director Brent Hamor, 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. Approve minutes of meetings of February 7, 2005 and February 9, 2005
Chairman Savage asked for clarification of the Feb. 9 minutes, page 5 line 44, where “her” should have been identified as Hope Rowan.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of February 7, 2005 as presented and February 9, 2005 as clarified, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A. Approve appointment of Kevin Edgecomb and Shawn Murphy as Shellfish Wardens (Annual appointment).
MOTION: Selectman Smith moved to approve the above appointments, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Municipal Review Committee, Inc., notice of quarterly performance credit payment of $7,739.79.
Town Manager MacDonald said the above is in line with revenue projections.
C. Notice from Samuel M. Fox III of notice requesting appointment of Planning Board replacement.
Chairman Savage said this is an important job to fill and asked for word to be put out that the Planning Board needs more volunteers.
D. Response to Susan Griffin, Supervisor of Audit at Department of Education.
Town Manager MacDonald said the above is his response to Ms. Griffin’s letter informing the Town that it did not meet the standards of 30-A, 5821. He told her of the Town’s corrective action plans to bring its financial statements into compliance with GASB 34.
E. Informed consent notice from Eaton Peabody law firm.
Town Manager MacDonald said this consent form acknowledges that the above firm is working for both the Water District and the Town.
F. Copy of information request to EMR, compliance with agreement.
Town Manager MacDonald said Mrs. Nolan’s letter requests specific information about solid waste tonnage.
G. Mount Desert dispatch, request for communication protocol during Fire Department public safety incidents.
Town Manager MacDonald said the request was to establish who has priorities.
H. Fire Department monthly report. Acknowledged.
I. Acknowledge receipt of letter from MD Water District regarding Town Meeting Warrant Article 36.
Chairman Savage said discussion would be later in the meeting.
J. Acknowledge receipt of meeting minutes for January 10, 2005 Planning Board and Solid Waste and Recycling Committee minutes of January 4, 2005. Acknowledged.
K. Acknowledge receipt of Olver Associates Weekly Construction Summary for Seal Harbor WWTP Upgrade for weeks of February 4, 2005 and February 11, 2005. Acknowledged.
IV. Consent Agenda
A.~~~~~~Suggest removing this section from agenda, insufficient activity.
Chairman Savage said the item could be removed but later included if needed.
V. Selectmen Reports
Chairman Savage brought up the Water District letter regarding Town Meeting Warrant Article 36 and said it should be put into the record. He said it came about because of a recommendation from Selectman for a set fee level for opening Town roads for utilities.
Harry Madeira said the street opening ordinance was written when the Water District was still a private company. He looked for support from Selectmen for his fiduciary responsibility to the roughly 1500 people who belong to the district. The superintendent had just brought the article to his attention. Mr. Madeira said the ordnance needed to be reworked partly because it has no contingency for emergencies.
Public Works Director Smith said the article was a result of a request from Selectmen to generate fees. He had recommended $750 but settled on $500. He wanted to rework the ordinance. An explanation could be given at Town Meeting about shelving the article for next year. Another year with a $10 fee would be okay.
George Peckham said since the Water District is a quasi-municipal corporation, any increase in fees would increase taxes for meeting the 30% compensation by the Town.
6:45 P.M. ~~~~~~Public Hearing~Special Town Meeting Warrant Article 15
At 6:46, Chairman Savage adjourned the regular meeting.
At 6:47, Chairman Savage opened the above public hearing.
Town Manager MacDonald explained the background for Article 15. The Water District’s lease with the Town did not recognize the restrictive covenants that the Town has with the National Park Service. This new lease does and it expands the Water District’s ability to maintain and improve its facilities on the three acre parcel.
Chairman Savage said the Town just got the lease back from the attorneys and is required to hold a public hearing a certain number of days before the Town Meeting.
Tom Richardson spoke about procedure and the Warrant Committee’s inability to fulfill a requirement to meet 21 days before Town Meeting on the article and to provide any insight to the Town. He and Co-Chairman Bill Ferm were concerned about the effects of the Special Town Meeting, especially with the school articles.
Chairman Savage had the school articles were the result of a requirement from the State Legislature. Selectmen had already held a special Selectmen’s meeting on them and made recommendations. The Water District articles would not have been included in the Special Town Meeting if the lease had been received earlier.
Town Manager MacDonald said the need to amend the lease was not recognized until mid-January because of oversights on the part of the Town and the Water District.
Mr. Richardson said one issue was the fact that the Warrant Committee did not have access to a lease when they met. Possibly the charter could be changed to allow his committee the same time interval as the Selectmen’s. The second issue was the fact that $3 to $4 million for the Schools would be voted upon ½ hour before the Town Meeting. He was hoping to stall the vote.
Chairman Savage explained the scheduling predicament and suggested that Mr. Richardson pass on some of his sentiments to the legislators. Mr. Peckham was concerned that the voters would not understand the Water District issue.
Mr. Madeira said the problem came up because of the lease. The Town made an error when it allowed the Water Company to build a tank on land with a conservation easement on it. The Park is now willing to forget about it and amend the conservation easement.
Chairman Savage told Mr. Madeira that he had given a good explanation and suggested that he repeat it at Town Meeting.
Selectman Smallidge questioned who would be responsible for renewing the lease. Mr. Richardson wondered if there would be an amendment process for Maine Coast Heritage Trust.
Responding to Mr. Madeira, Selectmen agreed that the best procedure would be for them and the Warrant Committee to make no recommendation on Article 15 at the Special Town Meeting.
At 7:04, Chairman Savage closed the Public Hearing and reconvened the Regular Meeting and resumed discussion of the road opening ordinance.
Town Manager MacDonald noted the Water District had some valid points about the ordinance. He said the Town does not have a way of compiling records of road opening permits but will start keeping them in one place. This has as much to do with regaining control of the road ways as with collecting fees. The permit requirement is not always enforced. The Town would like to be sure that whoever makes a cut in the pavement also makes sure it is refinished in the same manner as the surfaces around it.
Selectman Smallidge reviewed the number of times since October when the Board discussed the fee increase and said there were many opportunities for public input. He wished someone from the Water District had brought the problem up sooner.
Mt. Madeira thought someone should have asked the opinion of the 2nd largest road opening organization. He said there is a problem especially with emergency permits. If a main breaks on Friday evening at midnight, the district would have to pay $1,000 on Monday for a permit. Selectmen agreed they had made a mistake.
Mr. Richardson noted the fees would cause a significant cost to the Town.
Public Works Director Smith said doubling the fee for after the fact permits is a State statute. He said he wanted to stop the procedure of being asked for a number of permits three weeks or so after the fact. He suggested that Selectmen explain at Town Meeting that they had recommended approval but based new information they now would recommend not to approve the article this year. This would allow time to work on the ordinance.
Town Manager MacDonald suggested that, at Town Meeting, someone could amend the part of the article regarding the fee.
Chairman Savage preferred that the Town have a good document even if it was necessary to wait another year. He did not want to tinker with it on the floor of Town Meeting. Selectman Smallidge agreed the ordinance was outdated and needs work. Discussion followed about what the Town’s 30% of the costs covered.
Selectman Coombs recommended voting the article down and reviewing it for 2006. Selectman Smith noted the $10 fee is ludicrous and that cutting into the roads was a great intrusion. He thought the ordinance should be updated and looked at from all avenues.
Chairman Savage noted the Board agreed by consensus that it will recommend not to adopt the amendments to the ordinance.
VI. Old Business
A.~~~~~~Approve expenditure of $57,411 from Reserve Account #2840 (NEH Landing CIA, balance $144,994.46). ~
B.~~~~~~Authorize partial payment of $6,000 to Mansell Boat Company and Granville Lumber; $4,000 to Mansell Boat Company and Custom Float Services for purchase of material to construct floats. ~
The two above items were considered together.
Town Manager MacDonald said the successful bidder, Mansell Boat Company, does not have a big enough line of credit to buy the lumber to build the floats.
Selectman Smallidge recalled that the low bid was accepted with the parameters that they could get a better quality of lumber. He wanted to be sure the Town was being fair to the other bidders.
Harbor Master Murphy said everyone’s bid had come in for #2 or better. Then Granville Lumber learned later the #1 lumber would not be available until June. The State said the #2 lumber would be ok but that it would have to inspect it. State grant money is involved.
When Mr. Madeira asked how many floats Mansell Boat has built, discussion followed about the contractor’s experience or lack of it.
Mr. Peckham was concerned about giving the money up front for the lumber. Finance Director Hamor said that was why the Town would make the check out to two parties. It is common practice now-a-days to ask for money up front.
Selectman Smith noted that it wasn’t just the low bid but also the quality of the material that caused the Town to award the bid to Mansell Boat. The names of the other bidders were recalled. Harbor Master Murphy said the difference between the two grades of lumber is in appearances. The #2 has knots in it. He said if the Town waited for the #1 material, it would be July or August before the floats would be built. He said if something were to be done, it should be done now. The lumber is now being processed. Selectman Smallidge wanted to know who owns the lumber. Harbor Master Murphy saw no reason why the State would not approve the lumber.
Chairman Savage confirmed that the Town provided the plans for the floats.
MOTION: Selectman Smith moved to approve the Item A expenditure and to authorize the Item B payments, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Approve temporary expenditure of $11,250 from Harbors reserve account #2840 to provide interim payment to NE Burglar and Fire Alarm Company for NEH security cameras.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Approve text of lease with Mount Desert Water District (Special Town Meeting Warrant Article #15) Already discussed.
VII. New Business
A.~~~~~~Set Public Hearing date for amendments to Traffic Ordinance. ~(Suggest April 18, 2005)
Selectmen were satisfied with the suggested date.
B.~~~~~~Judith Swett, d/b/a Lighthouse Restaurant, Seal Harbor, requests waiver of liquor license Public Hearing and approval of liquor license.
Town Manager MacDonald said the above procedure is legal because of the restaurant’s past experience.
MOTION: Selectman Coombs moved to grant the above request and approval, seconded by Selectman Smallidge. The vote was unanimous in favor.
VIII. General Issues
A.~~~~~~Discuss means and methods of encouraging volunteers for various boards and committees.
Chairman Savage noted that Dr. Fox’s resignation highlighted the need to replace board and committee members. Town Manager MacDonald said 25 vacancies exist in various boards and committees. He had a list of them. He said the openings had been advertised on the Town’s web site and in the newspaper. He suggested following Southwest Harbor’s example by putting together a one page letter for a bulk mailing. The money could come from the contingency account. Public Works Director Smith wanted to split the cost by adding a page detailing the new cardboard recycling regulations.
Kathy Branch suggested putting a board at Town Meeting with the openings listed on it and asking for volunteers at that time. Chairman Savage liked the idea of a newsletter.
Town Manager MacDonald thought he could put together a 4 page newsletter. Selectman Smith
said personal contact had been successful in bringing him to a Town board. He also noted the importance of reaching out to the younger generation.
Town Manager MacDonald was authorized to spend the money for the newsletter.
IX. Other Business
A.~~~~~~Assign explanation of difference with Warrant Committee recommendation.
Board members agreed to split up the categories as follows:
Selectman Smallidge – Fire
Chairman Savage –Harbor
Selectman Coombs – Administration
Selectman Smith – Other Services
X. Treasurer’s Warrants
Approve Treasurer’s Warrant # 16 for $113,084.65, #18 for $718,271.14 and #19 for $103,544.58.
Signed as presented.
XI Executive Session
None requested
At 8:04 pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeff Smith
Secretary
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