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Selectmen's Meeting Minutes - 06/06/2005
Board of Selectmen Meeting, June 6, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 6, 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; Public Works Director Tony Smith; 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 May 16, 2005.

MOTION:  Selectman Smith moved to approve the minutes of the Regular Meeting of May 16, 2005 as presented, seconded by Selectman Smallidge.  The vote was unanimous in favor.

III.    Appointments and Communications

A.~~~~~~Approve appointment of Northeast Harbor Marina dockhands, effective June 6,2005; Rory Stratton at $13.00 /hr, Mark Bucklin at $11.00/hr; Bretley Hanson, Noelle Spurling and Donald Lucas at $10/hr.

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

B.~~~~~~Accept with regret resignation of Douglas Staples as MEO II, Public Works Department-Highway, and Heather Brinson as recycling attendant.   No action necessary.

C.~~~~~~Approve appointment of Ryan Dunbar as temporary seasonal refuse collection helper at an hourly rate of $11.00, effective May 27, 2005.

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

D.~~~~~~Approve appointment of Jon Lemoine as Public Works MEO II at an hourly rate of $13.82, increasing to $14.54 upon successful completion of six-month probationary period, effective June 7, 2005.

MOTION:  Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge.  The vote was unanimous in favor.
E.~~~~~~Approve appointment of Arthur Pettegrow as Public Works MEO I at an hourly rate of $12.93, increasing to $13.61 upon successful completion of six-month probationary period, effective June 7, 2005.

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

F.~~~~~~Notice from Municipal Review Committee (MRC) of first quarter performance credits of $6,591.85.

Town Manager MacDonald explained how the disposal costs are reduced from $58 to $45 per ton.  Chairman Savage asked about ways to improve on that.  Town Manager MacDonald said once a year the Town could change its Guaranteed Annual Tonnage.  The higher the GAT, the more performance credits a town receives but that there would be a penalty if it is not reached.  The Town did recently increase its GAT based on an ADD recommendation and will receive additional revenue from it.

G.~~~~~~Adelphia notification of changes to digital service. No action required.

H.~~~~~~Acknowledge receipt of monthly financial documents, Trial Balance, Revenue Control Report, and Appropriation Control Report.

Town Manager MacDonald said two years ago the State passed legislation indicating that towns with populations of under 5,000 should be visited by the State auditor to do a cash control on motor vehicle receipts and paperwork for registrations.  The auditor recommended after his recent visit that the elected officials receive and acknowledge receipt of the above three documents on a monthly basis.  This is a new item on the agenda.

I.~~~~~~Acknowledge receipt of Acadia Disposal District meeting minutes of March 17, and April 21, 2005.

No action required.  Town Manager MacDonald said there has been a significant increase in recycling corrugated cardboard.  This was due to the ban and to dumpsters being placed around town for the recyclable cardboard.

J.~~~~~~Acknowledge receipt of Olver Associates Weekly Construction Summary for Seal Harbor WWTP upgrade for week of May 12, May 20, 2005.

Town Manager MacDonald said the new facility is working. The new pump station in Otter Creek should be on line by the end of June.

K.       Acknowledge receipt of Department Head monthly reports.  

Selectman Coombs asked about the new lines on Harborside Road.  He thought the layout looks a little close for larger vehicles.  It eliminates the bike lane on the right side coming in to town.
Town Manager MacDonald said some preliminary talking has taken place with the DOT.  It will cost $4,000 to remove the old lines and paint new ones. The State would expect the Town to pick up that charge.  The Town would have to accept liability for any accidents in that area because of the tightening up of the radius on two of those curves.  Tractor trailer trucks will have to go over the yellow line to make it around the curve.  The information came to the Town in an email that morning.
Responding to Chairman Savage, Town Manager MacDonald said there is a possible deadline for a decision on the lines because the State crew wants to coordinate this work with a project in Trenton in the very near future.  He did not recommend increasing the Town’s liability by placing radii on those curves that would be difficult for trucks to navigate.  He wanted to contact the Town’s insurance company to find out what the additional liability would cost.
Chairman Savage and Police Chief Willis discussed the parking problems for people who live on Harborside Drive.  
Assessor Brushwein suggested telling the DOT that Selectmen are not ready to act at this time.
Police Chief Willis said the Town asked them to come. He wanted to cooperate with them.  It could be next spring if they can’t do it when they come to Trenton
George Peckham asked if it would be possible to eliminate three parking spaces.
Town Manager MacDonald thought a delay would be reasonable because this matter was not an agenda item. The public did not have an opportunity to comment.
Steven Somes said if an 18 wheeler can’t make the radius when the line is changed, it would not be good.  He suggested making 5 or 6 parking lengths a no parking area.  
Chairman Savage asked Town Manager MacDonald to bring up the matter at the next meeting.

IV.     Selectmen Reports

A.~~~~~~Consideration of establishing a White Tailed Deer Management Plan Ordinance (Selectman Smallidge).

Selectman Smallidge asked Selectmen to set a Public Hearing date to get public input about enacting the above mentioned ordinance.  He said there are too many deer in the Town.  A lot of trees and shrubbery have been damaged by them.  The deer are getting smaller.  This is a sign of not enough food.  Responding to Chairman Savage, he said a biologist in the Wildlife Division of Inland Fisheries and Wildlife is willing to help with the ordinance and tailor it to the Town’s needs.  The Public Hearing was set for July 18, 2005.  

MOTION:  Selectman Smallidge moved to support the concept of having a public hearing on July 18, 2005 on this issue, seconded by Selectman Coombs.  The vote was unanimous in favor.

B.~~~~~~Utilization of Schoolhouse Ledge Property (Smallidge)

Selectman Smallidge thought the 22 acres should be discussed.  The options would be 1) to do nothing at all, conserving it for future generations, 2) to use it for affordable housing and 3) to sell it off realizing the greatest amount of funding that could be used to reduce future borrowing. Chairman Savage said the topic should be open for discussion but thought the Ripple Pond tract should be taken care of first.  
Selectman Smallidge said there is a need to get some of these properties back on the tax role.  Whether or not that offsets the need for affordable housing would be a topic for discussion.
Selectman Coombs said nothing will offset the need for work force housing, certainly not selling off land for wealthy people to build big houses.
Jerry Suminsby cautioned Selectmen about putting figures on the property and selling off a valuable asset to pay for something else.  He didn’t want to confuse people by saying taxes would go down because of additional development.  Selectman Smallidge wanted to think of the property as an asset for reserves that would offset the need for borrowing.
Mr. Somes said the Town should concentrate on getting one portion – the Ripples tract going.
Selectman Smith said the Board should spend at least one part of each meeting talking about long term plans.  He liked to be reminded about the Town’s assets.

V.      Old Business

A.~~~~~~Re-approval of revised Police Mutual Aid Agreement.

Town Manager MacDonald said a few things had been changed since the Board approved this agreement two meetings ago.  

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

B.~~~~~~Ripples Road housing development discussion with Island Housing Trust Executive Director Chris Spruce.

Chris Spruce said he had been on the job one week and wanted to introduce himself, paving the way for him to work with the Town.  He said the IHT Board has formally voted to take on the Ripples Pond project.  A lot of detail needs to be filled in.  He agreed with Chairman Savage that the goal is to get something rolling by the 2006 Annual Town Meeting.  Some concepts will be available hopefully by this fall.  He and Selectman Smallidge discussed the definition of affordable housing.  The amount of land involved and possible number of houses was discussed by Mr. Somes, Selectman Smallidge, Chairman Savage and Mr. Suminsby.
Selectman Smallidge noted that the Somesville Treatment Plant was designed to handle a lot more of Somesville and Hall Quarry than it currently does.
Responding to Mr. Somes’s query about possible impact on Pond’s End, Town Manager MacDonald said that was an appropriate question for the Comprehensive Plan Committee.
Mr. Spruce said the process will be transparent, with everything out in the open.

C.~~~~~~Discussion and approval of Mooring Agent fees; award of Mooring Agent contract and authorize Town Manager to sign agreement on behalf of the Town

Harbor Master Murphy said the contract is the same as last year’s except for a change in rates. He is still waiting for an approved contract to come back from the lawyer.  Town Manager MacDonald said the increase in fees will result in about a 25% revenue increase to the Town.

MOTION:  Selectman Smith moved to approve the agreement and rate change, seconded by Selectman Coombs.  The vote was unanimous in favor.

VI.     New Business

A.  Award 2005 Septic Pumping Bid to Action Septic Service.

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

VII.    General Issues

A.~~~~~~Summary of anticipated wastewater construction/rehabilitation costs.

Public Works Director Smith reviewed the summary of estimates through year 2009, the outline for capital improvement plans, and some problems that need to be tended to.  Responding to Mr. Peckham, he said the effluent going out in Seal Harbor is pristine.
Gerard Haraden said the Board never rescinded its unanimous vote to establish a sewer fee.  The problem won’t go away.  Selectmen have got to do what they said they would do.  Selectman Smallidge noted the composition of the Board has changed from then.  Of those 5 selectmen, only one is left. The Board may be able to enact a fee but need an ordinance which must be voted on at Town Meeting.  Mr. Haraden disagreed with him and did not think the voters should support any more sewer expenditures until the users themselves start to pay some of their own costs.
Chairman Savage said the Board is charged with preparing the budget for the coming year and will have to consider the estimated expenses.

B.~~~~~~Discussion of pros and cons of changing to a July 1 – June 30  fiscal year.

Town Manager MacDonald reviewed his summary of the above.
Selectman Smith thought it was worth looking very carefully at the possible change and perhaps that the negatives tended to be emotional.  It would be difficult during the change period but at the end of a two year cycle, the Town would benefit.
Finance Director Hamor said this is everyone’s busy time of the year. He wondered if it would be possible to get volunteers for the Warrant Committee and for the staff to prepare a budget during this season.  Selectman Coombs noted that there is an entire year to prepare a budget.  Public Works Director Smith said a change would help him prepare his figures for a salt budget.
Mr. Peckham said the High School budget process has to be started before the end of the school year to accommodate the Town of Mount Desert.  Responding the Chairman Savage, he said this is the only town out of sync with the others.
Selectman Smith suggested taking a straw poll of the Board at the next meeting to see if a majority is behind the change.
Assessor Brushwein said 2006 would be a bad time to do it because reevaluation will start then.
Selectman Smith agreed that would be a tough time but said the process could be started now.
Chairman Savage asked Town Manager MacDonald to put this on the next meeting’s agenda, to gather more information about requirements for a charter change and to consult with department heads about how they would like to implement the change.

C.~~~~~~Respond to request to utilize Seal Harbor Village Green for Wedding Rehearsal Dinner, August 26, 2005.

Lauri Loftus reviewed the plans and asked for permission to erect a tent using water weights instead of stakes. To avoid a parking problem, her client has informed her guests about the Island Explorer and worked with them on carpooling.  Police Chief Willis was not sure if drinking could be allowed on public property.  To allow time to look into some of the questions, Chairman Savage put the matter on next meeting’s agenda.

VII.    Other Business

A.~~~~~~Update on removal of Northeast Burglar and Fire Alarm equipment from Mount Desert Dispatch.

Police Chief Willis said 24 of the 60 alarms have been taken out, leaving 36 in the monitoring system.  A deadline had been set for March or April.  It has now been moved to the end of August.  Chairman Savage said the alarm service has to be encouraged to get the job done.  Police Chief Willis said he has sent letters to the property owners telling them their alarm service may be unhooked.  Selectman Smith said it should be made clear that any liability should be incurred by the alarm service, not the Town.  Chairman Savage and Selectman Smith advised Police Chief Willis to make August 1st the deadline for removal.

IX. Treasurer’s Warrants

A.    Approve Treasurer’s Warrant #48 ~for $111,183.41

Signed as presented.

X       Executive Session

None requested

At 8:30 pm, Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor


Respectfully submitted,



Jeffrey Smith
Secretary







Adjournment. ~The next regularly scheduled meeting is Monday, June 20, 2005 at 6:30 P.M. in the Community Room, Seal Harbor Fire Station, Seal Harbor.