Board of Selectmen Meeting, September 6, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, September 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, 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, Acting Fire Chief Mike Bender; 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.
Executive Session – Pursuant to MSRA, Title 1, Ch. 13, §405.6.D Labor negotiations with Teamsters.
Executive Session – Pursuant to MSRA, Title 1, Ch. 13, §405.6.E Telephone conference call with attorney to discuss Maine Labor Relations Board notice of “Unit Determination/Bargaining Agent Election Petition.”
MOTION: At 6:32 Selectman Coombs moved to go into the above Executive Sessions, seconded by Selectman Smith. The vote was unanimous in favor.
MOTION: At 7:20, Selectman Smith moved to come out of the above Executive Sessions, seconded by Selectman Coombs. The vote was unanimous in favor.
Minutes
A. Approval of minutes of Regular Meeting of August 15, 2005.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of August 15, 2005, as presented, seconded by Selectman Branch. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of Steven Somes, Wilton F Jones, and Lori Stratton-Jones to White Tailed Deer Management Committee.
Town Manager MacDonald added Wendy Littlefield and Todd Holbrook to the above names.
MOTION: Selectman Coombs moved to approve the appointment of the above 5 people to the White Tailed Deer Management Committee, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Douglas Hopkins to Comprehensive Plan Committee.
Selectman Branch recused herself from voting.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was 3 – 0 – 0. The motion carried.
C.~~~~~~Appoint Police Chief James Willis and Bar Harbor Fire Chief David Rand to Fire Chief Search committee.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
D.~~~~~~Accept with regret, resignation of Police Officer Keith Saunders, effective September 13, 2005.
Police Chief Willis said Officer Saunders has asked that his resignation be effective as of September 8, 2005.
MOTION: Selectman Smith moved to accept the above resignation effective September 8, 2005, seconded by Selectman Coombs. The vote was unanimous in favor.
E.~~~~~~Accept with regret resignation of recycling attendant, Laurie Pokoney. No action required.
F.~~~~~~Confirm appointment of Joanne Dunton as recycling attendant, effective September 2, 2005 at hourly rate of $11.00.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Branch. The vote was unanimous in favor.
G.~~~~~~Acknowledge receipt of monthly financials, Trial Balance, Revenue Control Report, and Appropriation Control Report. No action required.
H.~~~~~~Acknowledge receipt of Planning Board minutes for meetings of June 27, July 11, July 25, 2005, and August 8, 2005. No action required.
I.~~~~~~Acknowledge receipt of final MDI WQC Seal Harbor Beach report.
Town Manager MacDonald said the Town took tests also. The results showed wide swings in counts. Possibly this was because the Town tested first thing in the morning after birds had been roosting there all night. The MDI WQC tested between 10: 00 and 1:00. Responding to Bob Smallidge, he said the Town stopping taking average results after about a week because the Public Works Department said the Town should be following WQC protocol. He noted WQC tests once a week; the Town tests 4 times a week and posts the results every day. The beach was posted during the past weekend.
Selectman Smith thought it was ludicrous to post on and off on a day by day basis for results from the day before. He said the Town should bite the bullet. Public Works Director Smith said this is one reason why Zack Steele is testing Stanley Brook. He also said he has contacted 5 departments at the University of Maine about taking on the testing for a Masters program.
J.~~~~~~Acknowledge receipt of Municipal Review Committee performance credit check for $9,875.13. No action required.
IV. Selectmen Reports
l. Selectman Smith said several people have spoken to him about parking adjacent to the bank across from Somesville One Stop. It is hard to see on coming traffic. He suggested considering a no parking zone.
2. Selectman Smith said out of town groups have been bringing busloads of kids to Ponds End causing it to be an extremely overrun and dangerous facility. He suggested writing letters to off island groups asking them to think about the safety issues and to consider using other places. A group brought in 60 kids at one time recently.
3. Selectman Branch brought up the parking problem on Harborside Road. Police Chief Willis had drafted a notice and said an officer had gone to all the businesses in Northeast Harbor asking employees to park in the Town parking lot. Selectman Coombs said one businessman felt he had been singled out. Selectman Smith thought the intent of the notice was to get through this year.
4. Chairman Savage asked about parking near the Northeast Harbor marina dumpsters. It used to be for designated for local residents, boat owners and fishermen but the privilege was abused partly with long term overnight parking. Now local fishermen can’t find a place to park because of the island use. He asked Police Chief Willis to check with the Traffic Committee about reinstating designation of a number of parking spaces for commercial fishermen. He also wanted a reaction from the Harbor Committee.
5. Responding to Chairman Savage, Public Works Director Smith said, if Lane can’t finish the Sargeant Drive paving in the next couple of weeks, his department would have to grade it.
V. Old Business
A.~~~~~~Pursuant to 23 MRSA §3028(2) declare right-of-way status for section of Cooksey Drive, from intersection with New County Road to intersection with Rowland Rd.
Town Manager MacDonald said this action would allow the Board to permit a resident to put a sewer line in the above area without getting a survey.
MOTION: Selectman Smith moved to take advantage of the above Maine Statute to declare the above right of way, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Utility Location Permit for Gretchen LeGre
Town Manager MacDonald said the attorneys have recommended a list of general conditions to be attached to the above permit. One places the responsibility on the applicant for finishing the road to a condition satisfactory to Public Works Director Smith.
Ben Moore asked where the line would be between patching three to four feet and overlaying the whole road. Public Works Director Smith said a contractor should be sure to read and be comfortable with the conditions before signing an application for a permit. He added that these conditions would apply to all such projects and that a new ordinance would be prepared for Town Meeting. Chairman Savage said that projects would be handled on a case by case basis.
MOTION: Selectman Coombs moved to approve the above permit, seconded by Selectman Smith. The vote was unanimous in favor.
C.~~~~~~Providing boat registration services to Cranberry Island residents
Town Manager MacDonald said Cranberry Isle residents had that afternoon presented the Town Clerk with a petition signed by 95 residents asking the Board to support continuing
registration services to them.
Reviewing registration records, Finance Director Hamor, estimated the work takes 44 hours a year. The Town cannot raise the fee because it is acting as a State agent.
Selectman Coombs asked if Cranberry Isles had a town office. First Selectman Phil Whitney said that as of March 2006, his Town would have one with a town clerk and a deputy town clerk. The petition was news to him. He said his town could consider training someone to do registrations, but noted a lot of people go to Northeast Harbor for registrations and shop there.
Kim Parady said she understood that the request at the last Board meeting was for closing the Town Office for a-half a day of training. She was confused when she heard Selectmen had decided not to handle services for Cranberry Island. She did not think the work caused a financial burden to the Town. The bottom line was that the Town makes $313. on registrations. Selectman Coombs said his understanding was that the problem was not financial but that the staff was stressed with a lot of work. He thought the decision would relieve some of the stress.
Chairman Savage the Town has been more than generous to the Town of Cranberry Isle and thought it was time for them to do their own registrations. He said this Town had to increase its staff because of overwork.
Sally Merchant was uncomfortable with discriminating against residents from other towns also.
Scamp Grey said Cranberry Isles people help support Town businesses and contribute to non-profit services. Selectman Branch said perhaps the Board needed to be good neighbors, to ride it out and review it every year. It looked ok to her now. Selectman Smith said Cranberry Island people do not affect his neck of the woods. He had a lot of respect for their struggle to maintain a year round community. His previous vote was based on providing services for another town taking up this Town’s valuable time. He thought the message to Cranberry Island residents would be that they might think about providing its own services because there is a chance that there may be changes in the future.
MOTION: Selectman Coombs moved to continue all registration services that this Town provides to Cranberry Island residents, seconded by Selectman Smith. The vote was 3 to 1. Selectmen Branch, Coombs and Smith voted for the motion. Chairman Savage voted against it. The motion carried.
VI. New Business
A.~~~~~~Schedule Public Hearing for amendments to Traffic Ordinance.
MOTION: Selectman Smith moved to schedule the above hearing for October 3, 2005, seconded by Selectman Branch. The vote was unanimous in favor.
B.~~~~~~Schedule Public Hearing to consider fiscal year change.
MOTION: Selectman Smith moved to schedule the above hearing also for October 3. 2005, seconded by Selectman Coombs. The vote was unanimous in favor.
George Peckham asked if a public hearing was necessary for the above. Chairman Savage said that he understood that it was not but thought the intent of the change was to actually change the Town Meeting date. Town Manager MacDonald said the latter would require a charter change.
C.~~~~~~Approve labor agreement with Teamsters Local 340.
Town Manager MacDonald said the three-year agreement concludes about 5 months of negotiations. He reviewed some of the highlights.
MOTION: Selectman Smith moved to approve the above agreement, seconded by Selectman Coombs. The vote was unanimous in favor.
Responding to Mr. Peckham, Chairman Savage said this agreement would not require a public hearing because the public could not participate in the negotiations.
D.~~~~~~Approve budget development schedule
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
E.~~~~~~Authorize Town Manager and Police Chief to fill police officer vacancy.
Town Manager MacDonald said the personnel policy being worked on contains a suggestion that Selectmen be given the opportunity to consider whether or not a position should be filled.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
F.~~~~~~Downeast Triad (area law enforcement agencies and state agencies) requests permission to hold a “Senior’s Appreciation Day” on the NEH Village Green on September 24, 2005.
MOTION: Selectman Coombs moved to approve the above, seconded by Chairman Savage. The vote was unanimous in favor.
VII. General Issues
A.~~~~~~Discuss new public works garage/fire station.
Selectman Coombs said the Board needs to think about the above first because no funds have been authorized for it.
Public Works Director Smith said he had hired Plymouth Engineering to design a one page conceptual layout of the highway project. Responding to Chairman Savage, he said the Seal Harbor facility did not have enough space for the project. The current highway department building was built in the 1960’s and needs a lot of repair. If he was just planting the seed for the following year, that was fine with him.
Chairman Savage asked about an analysis of existing buildings and whether or not they are being used to the Town’s best advantage.
Responding to Selectman Smith, Town Manager MacDonald said $2,900 is left in the account for the Town Office renovations. The Seal Harbor Fire Station is a nice building but the staff and he have been asking just because the Town has it, does it have to use it. It is not appropriate as either a police station because it is away from the center of community activity which is in Northeast Harbor or as the main fire station for town because most of firefighters and a majority of the calls are in Northeast Harbor or Somesville. Should the Seal Harbor building be used for something for which it was not designed in the first place. He thought Public Works Director Smith’s idea made sense. A public works facility could be shared. The space then created downstairs in the municipal
building could be renovated for the police department.
Acting Fire Chief Bender thought it would be a good idea to look into the suggestion. He said it would be a great opportunity that would allow room for expansion and training.
Selectman Smith suggested using the $2,900 to move this ahead and decide where it’s going to go. Selectmen Smith and Coombs supported Town Manager MacDonald’s suggestion that he put together a proposal to use the remaining funds from the Town Office Renovation account to come up with a budget for the conceptual design.
VII. Other Business
A. Town Manager MacDonald explained the reason for the above Executive Sessions held earlier in the meeting. Earlier this week, the Town received a correspondence from the Maine Labor Relations Board that 8 employees in the Town office had indicated they wanted to be represented by the Teamsters Union The Town had 15 days to respond. The Board met with the Town attorney to determine what response would be.
MOTION: Selectman Smith moved to direct Town Manager MacDonald to file a letter with the Maine Labor Relations Board to determine the proper composition of the bargaining unit, seconded by Selectman Coombs. The vote was unanimous in favor.
IX. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #75 for $62,563.48, # 76 for $117,473.84, # 77 for $153,361.35, and #78 for $11,269.82.
Signed as presented.
At 8:58 pm, Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smith.
The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith, Secretary
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