Board of Selectmen Meeting, June 20, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 20, 2005
A meeting of the Board of Selectmen was held this date in the Seal Harbor Fire Station Community Room, Seal 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; Harbor Master Shawn Murphy, 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 June 6, 2005.
Selectman Branch said on page 5 line 32 “the” should be changed to “to”.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of June 6, 2005 as corrected, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Confirm appointment of. Sam Stephens as Northeast Harbor Marina dockhand, effective June 17, 2005 at an hourly rate of $10.00
MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Branch. The vote was unanimous in favor.
B.~~~~~~Confirm appointment of Joann Dunton as seasonal building and grounds helper, effective June 10, 2005 at hourly rate of $11.00.
MOTION: Selectman Smith moved to confirm the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
C.~~~~~~Confirm appointment of Michael Pokoney as regular Refuse Driver, effective July 5, 2005 at a rate of $11.40, increasing to $12.00 upon successful completion of six-month probationary period.
Public Works Director Smith said Mr. Pokoney might be free from a current job and could start June 21. He wasn’t yet sure.
MOTION: Selectman Coombs moved to confirm the above appointment effective June 21, 2005, conditional upon the availability of the employee, seconded by Selectman Branch. The vote was unanimous in favor.
D.~~~~~~Acknowledge receipt of Solid Waste and Recycling Committee meeting minutes for March 15, 2005 and April 7, 2005. No action required
E.~~~~~~Acknowledge receipt of Time Warner purchase of Adelphia. No action required.
F.~~~~~~Acknowledge receipt of MMA Risk Management Services Property & Casualty Pool stewardship Report.
Town Manager MacDonald said the Town receives dividends because the company’s losses were less than expected when the underwriters set the premiums.
IV. Selectmen Reports
A.~~~~~~Ripples Road (Smith)
Selectman Smith said he contacted several people after Don Cote called him about Ripples Road. They also were concerned about its condition.
Mr. Cote said the Town hot topped the road over mud from the hill to the dam. This spring, the Town truck sank down through the hot top into the mud. Public Works Director Smith told him he had previously recommended fixing it but was turned down by Selectmen.
Chairman Savage said he had recently driven on the road and found it to be as bad as it’s been in a long time. The Town doesn’t have funds designated for that area but it is a Town road and needs to be addressed.
Public Works Director Smith said usually once a year a truck goes through the hot top. It could be fixed for about $175,000.
Selectman Smith said it should be one of the priorities for next year’s budget. The Town should at least do something in the interim. Public Works Director Smith said that could be done.
Mr. Cote did not think closing the road because it is steep in the winter is the right thing to do. About 900 feet don’t get plowed. People use it anyway. Chairman Savage said the idea was worth considering but did not think there would be any action on it during the current meeting. Possibly a public hearing could be held.
Wes Shaw said he goes up the road at least two times during the winter. Kids get stuck on it. There could be a liability issue because it is not plowed. He asked about putting a catch basin between his house and Dawson’s. Responding to him, Chairman Savage said there is no consideration to closing that road for good.
B. Selectman Smallidge said some people had a misconception about his idea for deer hunting. At the last meeting, the Board did not give a 5 – 0 endorsement of the concept he proposed. They gave a 5 – 0 approval for a public hearing. He explained the procedure for a possible ordinance.
He said Troy Frye from Maine Bow Hunters Association had approached him in the parking lot just before this meeting. Mr. Frye started to give a presentation but after 10 minutes, Selectman Smallidge told him this information would be more appropriate at the July 18 public hearing asked him to come to that.
V. Old Business
A.~~~~~~Approve release of $23,454 from Reserve Account 2840 to complete payment of Mansell Boat Co. float replacement project. ~(Current Reserve Account Balance = $201,369.46)
Harbor Master Murphy told George Peckham that he was satisfied with the work. Chairman Savage said the cleats look too small to him and that their size needs to be addressed.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Approve transfer of ownership of Great Harbor Tours and “Elizabeth T” from Storey King to Steve Pagels.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Branch. The vote was 4 – 0 - 0. Selectmen Branch, Coombs, Savage and Smith voted for the proposal. Selectman Smallidge was out of the room for the vote. The motion carried.
C.~~~~~~Review proposal to re-stripe centerline and travel lane marking on Rt. 198 (Harbor Drive).
Town Manager MacDonald said the DOT has not yet responded to the Town’s new proposal. Chairman Savage said the Board could not take any action yet but that this definitely must stay on the agenda until it is resolved. Town Manager MacDonald will put it on the July 5 agenda.
D.~~~~~~Review information on changing fiscal year.
Town Manager MacDonald summarized the information above. The charter is confusing. Maine Municipal Association suggested a charter revision which does not require a charter commission. Moving the date of the annual town meeting would be the easiest way. Absent that, another revision would permit holding a budget meeting at a time other than that of the Annual
Town Meeting. Responding to Selectman Smallidge, Town Manager MacDonald said an amendment would streamline the process.
Chairman Savage thought a charter change would require a year before enactment. If approved in 2006, the change would not happen until 2007.
Selectman Coombs said it seems as if the budget is all that is covered at Town Meeting. He suggested changing the whole works, if the budget meeting date were going to be changed. Part of the reason for the change is the weather. Bob Smallidge agreed. He also suggested holding the meeting during the day on a Saturday to get more people voting on issues. Older folks find it difficult or undesirable to drive at night. He said speaking and also voting at Town Meeting could be intimidating for some people. Using a referendum method might be preferable for some questions, especially the budget.
Chairman Savage said if it is going to be on the agenda for the annual Town Meeting, there probably should be a public hearing. He asked Town Manager MacDonald to keep it on the to do list and bring it up in September or October. Mr. Smallidge will prepare guidelines and the pros and cons for the idea of a change regarding referendum questions. He thought vote results would be different in a referendum than in a Town Meeting. Selectman Smallidge was concerned about people not having a chance to speak on issues at the meeting.
Chairman Savage asked Town Manager MacDonald to research qualifications for a referendum and what other towns have done. Town Manager MacDonald was concerned that people would be voting without adequate information.
Selectman Smith was opposed to a commissioner’s referendum. He had some reservations about it. He said town meeting is called that for a reason. It’s a meeting.
E.~~~~~~Approve request to hold wedding rehearsal dinner on August 26, 2005 at Seal Harbor Village Green.
Town Manager MacDonald said Larry Taylor has reconsidered the request and has increased reservations about the above. It was first proposed for 30 to 40 people and has grown to 60 to 80 people. He leans towards recommending non-approval of the request. Chairman Savage said the Board had stated it would go along with the recommendation of the groundskeeper.
MOTION: Selectman Smallidge moved to approve the above request, seconded by Selectman Branch. The vote was 0 – 5. The motion was defeated.
Chairman Savage directed Town Manager MacDonald to send the caterer a letter of explanation, the sooner the better.
F. Edie Dunham requested an update on bacteria on Seal Harbor Beach. Chairman Savage noted the Board is awaiting a final analysis.
VI. New Business
A.~~~~~~Approve Ticket Booth Agreement and authorize Town Manager to sign agreement on behalf of the Town.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve swimming pool operation and maintenance agreement with Neighborhood House and authorize Town Manager to sign agreement on behalf of the Town.
Town Manager MacDonald said this is the first year for the agreement which states that the Town is responsible to the limit of the money appropriated in the budget. Neighborhood House Director Anne-Marie DeRevere said the agreement is a legal neatening up of guidelines. The NHH is liable during the certified work week. Nothing will actually change.
Selectman Smallidge noted the contract states the NHH will bill the Town annually for the cost of the personnel. Mrs. DeRevere said that should be changed. The NHH pays for staff. The wording and possible changes were discussed.
Chairman Savage was comfortable with the intent of the agreement but uncomfortable with trying to rewrite a legal contract at the meeting. Selectman Smith noted that if there is a problem in the future, the Board could harken back to the intent.
MOTION: Selectman Smith moved approval of the above, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Approve Fixed Asset Policy.
Town Manager MacDonald was comfortable with the policy which will allow the Town to begin the fixed asset accounting it will need to be compliant with GASB 34. Chairman Savage thought it would allow someone else who doesn’t know the Town to pretend he knows what’s going on. Selectman Smallidge asked if it would be possible to keep a rough tally of what the mandate costs the Town. Town Manager MacDonald said Finance Director Hamor said another mandate is in the works which will supplement this one. The Town received an adverse opinion from the auditor mainly because it does not have a fixed asset policy. The policy is also a stepping stone on the implementation of a capital improvement policy.
Selectman Coombs was concerned that loading this onto Finance Director Hamor would prevent him from doing his own job. Chairman Savage noted that it is another unfunded mandate.
MOTION: Selectman Smallidge moved to approve the policy, seconded by Selectman Branch. The vote was 4 – 1. Selectmen Branch, Coombs, Smith and Smallidge voted in favor of the motion. Chairman Savage voted against it. The motion carried.
D.~~~~~~Accept/reject bids for sale of surplus mobile equipment.
MOTION: Selectman Smith moved to approve Marten’s Used Trucks bid, seconded by Selectman Coombs. The vote was unanimous in favor.
VII. General Issues
A.~~~~~~MDI Marathon “Mile of Champions” presentation.
Gary Allen, Director of the MDI Marathon, proposed a plan to name a one mile stretch on Sargeant Drive the “Mile of Champions”. The names will be on paper only. The intent is to get people to sponsor or adopt individual coping stones to raise money for various MDI charities. Responding to Chairman Savage, he said the marathon has grown from 300 participants the first year, to more than 500 last year. Registrations are now 38% ahead of past years. Chairman Savage said the Board would be more than happy to oblige him. Town Manager MacDonald said a vote in favor would be more symbolic than legal.
MOTION: Selectman Coombs moved to approve the concept of the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Discuss surplus float disposition methodology.
Town Manager MacDonald proposed a new method under which the highest bidder for the entire lot would get all 10 floats if the bids for individual floats do not bring in as much as that high bid. Harbor Master Murphy was concerned about ending up with unwanted floats and trying to find a place for them. After discussion, Chairman Savage thought the Board was obligated to the voters to agree to Town Manager MacDonald’s two part process and maximize the amount of revenue received from the float. The high bid for the entire lot has to be greater than the sum of the 10 other individual bids.
MOTION: Selectman Smith moved to approve Town Manager MacDonald’s method as described, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Discuss providing Accident Insurance for volunteers.
Town Manager MacDonald said the annual cost would be $3.75 per volunteer for the 99 volunteers in the Town. The insurance would cover them if they are injured while volunteering for the Town.
MOTION: Selectman Smith moved to purchase the above insurance, seconded by Selectman Smallidge. The vote was unanimous in favor.
D.~~~~~~Discuss Ordinance Review requirement of Town Charter.
Town Manager MacDonald said the Charter has a “sunset” provision that states every Town ordinance must be reviewed by the Board every five (5) years and re-approved by the voters every fifteen (15) years or the ordinance ceases and becomes void without re-approval.
Jerry Suminsby thought his committee should finish the Comprehensive Plan before reviewing all ordinances. The committee is short of volunteers to finish the job. He asked if it was possible to ratify all existing ordinances just to satisfy the Charter time line. Chairman Savage said he was on the Charter Committee. This was a very important topic. It puts the responsibility back on the people who like to make rules and regulations. He would he totally opposed to taking it out. The Board has the responsibility to readdress the regulations. The time line was realistic when it was drawn up. Some things don’t need to stay on the books.
Mr. Suminsby offered to provide the Board with a monthly presentation of where his committee is. He thought more interaction is necessary between the two boards to hammer out some of the issues. His committee intends to have specific village meetings in September.
VII. Other Business
A.~~~~~~Approve Marine Management Committee recommendation to revoke and remove mooring privileges for Jeremy Ward, mooring #113.
Harbor Master Murphy said this mooring was not even registered last year. All mail has been returned to the Town. He has learned that Mr. Ward has moved to Vermont and has not been able to contact him.
MOTION: Selectman Coombs moved to approve the above recommendation, seconded by Selectman Smallidge. The vote was unanimous in favor.
Town Manager MacDonald announced he has received a letter of resignation from Fire Chief Farley effective July 1, before the Board’s next meeting. Chairman Savage directed him to send him a letter of appreciation for his past services and to wish him well.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant # 52 for $111.787.50 and # 53 for $1011,505.81
Signed as presented.
X Executive Session
None requested
Mr. Peckham said a law degree is needed to be effective in municipal business. As he interpreted Article 9, Section 8, the appropriation of $100,000 to outside services, such as the Neighborhood House and the Red Cross, is illegal. The Town is not evenly distributing the money raised among taxpayers.
At 8:12 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 Tuesday, July 5, 2005 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.
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