Board of Selectmen Meeting, May 2, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 2, 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 Kathy Branch, Ernest Coombs, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Police Chief James Willis, Assessor John Brushwein, Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Chris Farley, 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 Meeting of April 18, 2005.
Selectman Branch pointed out 3 corrections: on page 2, line 18, Ann Gray should be Ann Tucker; line 18 “for” should be deleted between tonnage and increased; on page 6, line 18 “recommendations” should be “recommended”.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of April 18, 2005 as corrected, seconded by Selectman Branch. The vote was unanimous in favor.
PUBLIC HEARING:~~~~Special Amusement Permit for Astikim Corp. d/b/a Asticou Inn.
At 6:35pm, Chairman Savage opened the above public hearing. There were no comments.
At 6:36pm, Chairman Savage closed the public hearing, resuming the regular session.
III. Appointments and Communications
A.~~~~~~Approve appointment of John M. Brown to Investment and Technology committees.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Schofield Andrews III as Planning Board Alternate.
C.~~~~~~Approve appointment of Patti Reilly as Planning Board Alternate.
MOTION: Selectman Smallidge moved to approve the above two appointments, seconded by Selectman Branch. The vote was unanimous in favor.
6:40 P.M.~~~~~~~PUBLIC HEARING:~~~~~~~~Special Amusement Permit for Harbor View Corp. d/b/a Main Sail Restaurant.
At 6:38pm, Chairman Savage opened the above public hearing.
Bob Smallidge asked if the special amusement ordinance allows the public to complain if noise gets too loud. Chairman Savage said the Town has no noise ordinance but the public hearing provides an opportunity for someone to state if something about the activity has been offensive.
At 6:41pm, Chairman Savage closed the public hearing and resumed the regular session.
D.~~~~~~Approve appointment of Brian Reilly to Comprehensive Plan Committee.
MOTION: Selectman Smallidge moved to approve the above appointment seconded by Selectman Coombs. The vote was unanimous in favor.
E.~~~~~~Acknowledge receipt of Planning Board minutes for February 28, 2005, March 14, 2005, March 28, 2005 and April 11, 2005 No action required.
F.~~~~~~Acknowledge receipt of Weekly Construction Summary for SH WWTP upgrade for week of April 15, 2005 and April 22, 2005
Town Manager MacDonald said they expect to meet the May 15 deadline and then begin trials. Portions of the plant are running now.
VII. General Issues
A.~~~~~~Presentation of outline of Stanley Brook Watershed survey from MDI Water Quality Coalition.
Chairman Savage took this item out of order.
Zack Steele, who is responsible for coordinating the above survey, gave a slide show presentation of what is planned for the next few months. He reviewed what a watershed is and does. Seal Harbor is in the middle of the Stanley Brook Watershed. They will survey potential pollutants in the watershed. The goal is to recommend ways to mitigate any problems. Letters were sent a week ago to landowners in the area. He is looking for volunteers. Saturday June 4 has been set for training volunteers. The survey will begin in June and be completed in August. It is being funded by the New England Grassroots Environmental Fund and private donations.
Selectman Smallidge wondered who would use the information and if the findings could cause an impact financially on the Town if the DEP or EPA decided to mandate compliances. Mr. Steele said the information is not being sought for regulatory enforcement purposes.
MDIWQC Chairman Jane Disney spoke about other work they have done on Mount Desert Island. At no time were any calls made to the DEP. Problems were solved within the community. There were no fines. She saw the same thing happening with this Town. She and Mr. Steele discussed with Chairman Savage what has been found so far, especially the high bacteria count between July and August in the area by the Stanley Brook Bridge. Responding to a question from Chairman Savage, she said no place on the Island has the persistent high bacterial counts such as the ones in this watershed. Seal Harbor is unique.
IV. Selectmen Reports
1. Selectman Smallidge asked the Board to consider for next year a bond proposal that would incorporate the Summit Road sewer project, corrections of problems near the Northeast Harbor plant and a sewer extension to the Ripples Pond tract set aside for affordable housing. He wanted a cost estimate for the three projects. The Summit Road project was at one time estimated at $675,000. He knew there have been numerous complaints about clogged sewers and backing up in cellars. Responding to Selectman Smith, he said that project has been put off for a number of years because of so many other expenses incurred by the Town.
Chairman Savage thought a priority should be set for what needs to be done first instead of floating all the projects together. He did not see the need right now for extending the Ripples Pond sewer line if the Board doesn’t have some indication by the housing authority that they are going through with any plans. The sewer situation seemed to him like a must fix situation.
Selectman Coombs said Summit Road will be quite a job. He thought the plan included doing the storm drains at the same time. It is bad.
Responding to Chairman Savage, Town Manager MacDonald said one of the members of the housing board had called him asking about the procedure for a special town meeting and holding a referendum question in conjunction with November general elections. Kim Parady confirmed that a special town meeting would be needed to hold a referendum vote on a town issue.
Selectman Smallidge suggested that the Board get a cost analysis for the sewer extension, then the approval for allocating the Ripples Pond tract to the specific entity for work force housing and then allocate a bond for it.
Chairman Savage thought the Town might be able to fund one or two of the projects. Town Manager MacDonald said it has about $1.8 million in credit reserves in the surplus account. That would be one way of paying for some of the projects but he thought funding from the credit reserves might need Town meeting approval.
Town Manager MacDonald said the special town meeting would be needed to give the tract to the Island Housing Trust instead of to the Mount Desert Housing Trust. Joelle Nolan said it was not simply a matter of changing a name and giving the organization permission. She had spoken with Heather Jones. The proposal will entail a lot more details, possibly about selling some of the land. Assessor Brushwein said they asked him what they needed to do. He said the 1995 article was nebulous. A Town meeting would be necessary because neither the Trust nor the Selectmen have the authority to transfer ownership of the property.
Chairman Savage said the Board still supports the concept but needs to see something specific.
Selectman Smallidge asked Town Manager MacDonald to get cost analyses for the projects.
2. Selectman Smith reported that the teaching staff at MDES currently pays 15% towards their Blue Cross/Blue Shield insurance policies.
Town Manager MacDonald said that at a meeting with the teamsters Friday night, the teamsters did not take too kindly to the Town’s new proposal. They said they would meet him in mediation. Health insurance and wages were items in contention. They were not very receptive to the idea of employee participation towards health insurance premiums. The Town’s labor consultant will file for mediation.
V. Old Business
A. Approve Franchise Extension Agreement, to June 30, 2005, with Adelphia Cable Communications
Town Manager MacDonald said this is another stop gap measure. There will be a telephone conference this week with the Town’s attorney and the Adelphia attorney to try to iron out what the Town would like to see in the agreement and what they don’t want to give the Town. Responding to Selectman Smith, he said stumbling blocks are the density requirements, the distance from the line to the residences, a technology upgrade and fiber lines for the Inet.
MOTION: Selectman Smallidge moved to approve the above agreement, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve American Legion month to month use of “training room” at Seal Harbor Fire Station.
Town Manager MacDonald said the American Legion post has provided the Town with a certificate of liability.
MOTION: Selectman Coombs moved to approve the above use, seconded by Selectman Smith The vote was unanimous in favor.
C.~~~~~~Respond to Mansell Boat Company offer to provide one additional float at contract price. ~Funds from Reserve Account #2840, balance $144,944.46 less current Mansell invoice of approximately $57,411.
Town Manager MacDonald said the Town originally contracted for 10 floats. Mansell Boat bought enough materials for 11 floats. The Town could get the extra one for the same price as the others. This would get the total price the Town to the maximum amount of money that the State will contribute. Harbor Master Murphy said plenty of floats need to be replaced. Responding to Selectman Smith, Town Manager MacDonald said this will save the Town money in the long run because the floats will last longer than those the Town now owns.
MOTION: Selectman Smallidge moved to accept the above offer, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Grievance decision – Town Clerk and Dispatcher.
1. Town Clerk: Town Manager MacDonald said he reviewed his actions that caused the grievance and found he had been a little over aggressive. He asked the Board to confirm his decision to put the time back on the Town Clerk’s comp time record.
MOTION: Selectman Smith moved to confirm Town Manager MacDonald’s decision, seconded by Selectman Coombs. The vote was unanimous in favor.
2. Dispatcher: Town Manager MacDonald said there has been no change in his position or in Police Chief Willis’s. They felt the reprimand was appropriate and requested the Board to sustain that decision.
Selectman Branch said there seems to be a strong personality issue and that some mediation should be offered to try to resolve the issues between the parties.
Selectman Coombs said in the past things of this nature have been swept under the rug but obviously Police Chief Willis does not agree with that mode of operation. He did not think there was anyone who had not popped off at some time or another and said things he shouldn’t have or wished no one had heard. The lessons learned in this case are that this is a more professional organization and this kind of thing won’t be accepted. He did not think it would be wise to take back a department head’s reprimand.
Selectman Smith he would uphold the decision of the first line supervisor and the Town Manager. Selectman Smallidge agreed. If the Board does not uphold the department head, it would restrict his ability to run his department along the lines the Town has hired him to do.
MOTION: Selectman Smith moved to sustain the decision of the department head and the Town Manager, seconded by Selectman Smallidge. The vote was 4 to 0 to 0. Selectmen Coombs, Savage. Smallidge and Smith voted in favor of the motion; Selectman Branch abstained. The motion carried.
VI. New Business
A.~~~~~~Approve Special Amusement Permit for Astikim Corp. d/b/a Asticou Inn.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Approve Special Amusement Permit for Harbor View Corp. d/b/a Main Sail Restaurant.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Approve Memorandum of Understanding between the Organized Fire Departments of Hancock County.
Town Manager MacDonald said this is an update of a 1992 agreement between the departments. Responding to Chairman Savage, Fire Chief Farley said 32 out of 36 fire departments in Hancock County are members of this organization. If those four need help, it costs them money.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Approve Mutual Aid Agreement for Police Services for the Communities of Bar Harbor, Mount Desert, and Southwest Harbor and authorize Police Chief James Willis to sign such agreement.
Police Chief Willis asked the Board to sign the agreement rather than just approve it. Other town boards have signed it.
MOTION: Selectman Coombs moved to authorize the Board to sign the above agreement, seconded by Selectman Smallidge. The vote was unanimous in favor.
E.~~~~~~Approve purchase of 2005 Police cruiser from Lee Chevrolet, Augusta, net cost of $15,988.00.
Police Chief Willis said the above is the cheapest police cruiser the department can buy this year. There is enough money in the budget to cover it.
MOTION: Selectman Smith moved to approve the above purchase, seconded by Selectman Smallidge. The vote was unanimous in favor.
VII. Other Business
A.~~~~~~Consider request from Harbor Master Murphy to re-allocate funds within the Marina budget to purchase a pick-up truck.
Harbor Master Murphy said he uses his own vehicle a lot for harbor related jobs.
Chairman Savage thought it would be hard to justify the money for a brand new truck.
Responding to Selectman Branch, Harbor Master Murphy said a truck, instead of the van, is needed for hauling debris such as traps and ropes. Selectman Branch said this Town has 37 vehicles. She thought that was a lot for a Town this size. With all these vehicles, it seemed that at some point in time, one of them should be accessible to him. Harbor Master Murphy said it wasn’t needed just for the messes; the truck would be for day to day operations.
Selectman Coombs said the van is worn out. It might be possible to find a good used vehicle.
Chairman Savage brought up the question of whether or not a highway department employee could drive a Town truck home during the summer months.
Responding to Chairman Savage, Harbor Master Murphy said $25,000 had been allocated for surveillance cameras in Northeast Harbor. Not all of it will be needed because the Town was reimbursed by the State for them. He said he would not want cameras for the other harbors.
Selectman Coombs noted that the Harbormaster has taken on a lot of what used to be done by the public works department. Chairman Savage thought a vehicle is needed. Selectman Smith would be willing to listen to a reasonable price.
Chairman Savage asked Harbor Master Murphy to come back with numbers.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant # 38 for $367,324.83 and #40 for $477.128.47.
Signed as presented.
X Executive Session
None requested
At 8:15pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
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