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Selectmen's Meeting Minutes - 10/17/2005
Board of Selectmen Meeting, October 17, 2005

MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 17, 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 include: Acting Chairman Patrick Smallidge, 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.

Acting Chairman Patrick Smallidge called the meeting to order at 6:30 p.m.

Minutes

A.      Approval of minutes of Regular Meeting of October 3, 2005.

Selectman Branch pointed to the omission of a word on page 2 line 39 and was told “said” should be added after Public Works Director Smith.  Selectman Smallidge said on page 1, line 26, 22005 should be 2005.  Line 27 should note that he abstained from the vote because he was not present at the September 29 meeting. Selectman Coombs said on page 3, line 8 should say Gerard Haraden, not George Haraden.

MOTION:    Selectman Smith moved to approve the minutes of the Regular Meeting of October 3, 2005 as corrected, seconded by Selectman Coombs.  The vote was unanimous in favor.

III.    Appointments and Communications

A.~~~~~~Confirm appointment of Michael D. Bender as Fire Chief at a weekly salary of $908.65, increasing to $954.09 after successful completion of six-month (6) probationary period, effective October 31, 2005.

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

B.~~~~~~Confirm appointment of Leigh Guildford as Police Patrol Officer at a hourly rate of $17.00, increasing to $17.85 after successful completion of six-month (6) probationary period, effective October 18, 2005.

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

C.~~~~~~Approve appointment of Joelle Nolan as Warden for November 8, 2005 Advisory Referendum Election.

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

D.~~~~~~Approve Planning Board recommended change of status for existing members, Mary (Lisa) Renault status from regular member to alternate and Schofield (Sandy) Andrews from alternate to regular member.

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

E.~~~~~~Acknowledge receipt of request from New England Fish Management Council to support Alternative 7 to Amendment 1 of the Atlantic Herring Fish Management Plan.

Town Manager MacDonald said the apparent reason for the above was to protect the herring stock which provides forage for other fish higher up in the food chain in the Gulf of Maine.
Selectman Smallidge did not know if it was the place of the Selectmen to endorse this recommendation.  Selectman Branch asked if it was possible to postpone the matter and give Selectmen time to speak to fishermen.  Town Manager MacDonald said the deadline for an answer is October 24.  Selectman Smith recommended no action because they did not have enough information.  Selectmen took no action.

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

G.~~~~~~Acknowledge receipt of Planning Board minutes for meeting of September 26, 2005.

Town Manager MacDonald said he received an invitation that day from the Comprehensive Planning Committee to for members of the Board to attend an October 24 Planning Board meeting in which identification of vernal pools would be explained.  Selectman Smallidge
thought that would be Code Enforcement Officer Keene’s department.

At 6:45 PM, Selectman Smallidge recessed the regular meeting and opened the following Public Hearing.

Public Hearing 6:45 P.M.~~~~~~~~General Assistance Maximums and Appendix

Town Manager MacDonald the Town is required to adopt new appendices from MMA every October.  The Town spent $62 for general assistance this year.

MOTION:  At 6:47 PM, Selectman Smith moved to close the Public Hearing, seconded by Selectman Coombs.  The vote was unanimous in favor.

Selectman Smallidge returned to the regular meeting.

IV.     Selectmen Reports

Selectman Branch said she was stunned at the disrepair of the Long Pond boat ramp. Public Works Director Smith told her the repair is in this year’s budget.
Selectman Branch reported a hole visible at low tide in a pipe that runs across the brook by Seal Harbor Beach.  Water sprays about 4 feet into the air.  Responding to Selectman Coombs, she said she tried to call Public Works Director Smith that morning but he was in a meeting.
Selectman Smith said Lucy Belle Sellers had spoken to him about the water level at Long Pond.  He thought it might be appropriate to reassemble a committee that looked at the water levels in the past. Selectman Smallidge thought the Soil and Water Conservation Committee should be sent a statement of interest in the matter.  
Selectman Smallidge said the Whitetail Deer Management Committee will meet in Somesville on October 25 at 6:30 PM and attend a combined public hearing in Southwest Harbor set tentatively for November 15.

At 6:50 PM, Selectman Smallidge closed the meeting to open the following public hearing.

Public Hearing  6:50 P.M.~~~~~~~~Adoption of Revised General Assistance Ordinance

Town Manager MacDonald said the Town last adopted a revised ordinance in 1992 but that many changes have been by the State since then.  He wanted to update it to reflect those changes.
Responding to Anne Funderbunk, he said the qualifications for general assistance would not change.  He said generally housing in Mount Desert is too high for people to qualify.

MOTION:  At 6:54 PM, Selectman Coombs moved to close the above public hearing, seconded by Selectman Smith.  The vote was unanimous in favor.

At 6:55 PM, Selectman Smallidge closed the meeting to open the following public hearing.

Public Hearing 6:55 P.M.~~~~~~~~Special Town Meeting Warrant Articles
Town Manager MacDonald reviewed the five Warrant Articles, saying that both the Board of Selectmen and the Warrant Committee had recommended passage of them.
Trust Director Chris Spruce explained the last item, a proposed transfer of 9.9 acres of land from the Town to Island Housing Trust. He said the trust could only go so far in the process of developing selection criteria, covenants for keeping the houses affordable, and details of the subdivision housing until it actually has the land in hand.
Responding to Mrs. Funderbunk, Sam Coplan pointed to a map showing where the proposed work force housing would be off the Beech Hill Road.  Mr. Spruce said the number of lots remains to be determined during the subdivision process with the Planning Board.  The water supply will be wells and the lots will be served by sewers.
Responding to a question, Mr. Coplan said the layout of the plan was determined after spending fair amount of time on site with surveyors.  The area  needed to close enough to the village of Somesville for convenience and so it could be on sewers, high enough to get gravity feed for the sewers and high enough and dry enough so there would be no problems with wetlands.

MOTION:  At 7:05 PM, Selectman Smith moved to close the public hearing, seconded by Selectman Branch.  The vote was unanimous in favor.

V.      Old Business
A.~~~~~~Sign Warrant for November 7, 2005 Special Town Meeting. to be done at meeting’s end.
VI.     New Business

A.~~~~~~Approve 2005-2006 General Assistance Appendixes.
B.~~~~~~Approve Revised General Assistance Ordinance.

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

A.     Approve expenditure of $9,800 from Reserve Account #2880 Town Road Fund to contract with S. W. Cole to complete a pavement and road analysis and management system recommendations.

Town Manager MacDonald recommended that this item be tabled probably until next year.

VII.    General Issues

A.~~~~~~Discuss Planning Board and Comprehensive Plan Committee recommendations regarding “Old Town Office/Fire Station” on Main Street, Northeast Harbor.

Town Manager MacDonald read a letter from the CPC recommending that the above building continue to be used as the Great Harbor Maritime Museum and that it be given a long term lease or be sold the building.  On Friday he received a letter from the Planning Board saying that board voted in favor of keeping the building as a museum on a long term basis.
Responding to Selectman Smith, Town Manager MacDonald said he met with the Museum Director last week.  If they wanted to go forward with a long term lease, he advised her they should put together a warrant article for 2006.  A sale would require a survey of the parcel which would push it beyond the time when it could be included on the 2006 warrant.  There is another year on the current lease.
Responding to Selectman Smallidge, Sydney Rockefeller said the Museum board was divided about its preference for a long term lease or being sold the building. Selectmen Coombs and Smith preferred a long term lease.

MOTION:  Selectman Smith moved that the Board support the concept of a long term lease with the Great Harbor Museum, seconded by Selectman Coombs.  The vote was unanimous in favor.

Responding to Mrs. Funderbunk, Selectman Smallidge said problems with raising the money for maintenance has been difficult with only a three lease.  He asked Ms. Rockefeller to come back with a recommendation from the museum.

VII.    Other Business

A.~~~~~~Impact of State Valuation on County Tax Assessment and MDI HS Assessment

Selectman Smallidge noted the 46% valuation increase unfavorably impacts the Town’s budgetary process. He asked Assessor Brushwein how the Town came to a point at which there is such a disparity between the Town’s valuation and the State’s.  Assessor Brushwein said they were adjusting the set values to 100% of fair market values based on sales from July 2003 to June 2004.  A relatively small amount of sales was being used for the ratio because interfamily, divorce and extreme sales were thrown out.  Of the 26 sales used, seven were for over $1 million.  An unfinished house in Seal Harbor currently assessed for $171,000 sold for $960,000.
Answering Selectman Smallidge, he said it will be easier to make incremental adjustments on a much quicker basis with the new software.  He did not advise an annual reevaluation.
Selectman Smallidge said the increase makes it more important to question the County appropriation and assessment formula for the high school.  He thought residents should let their State representatives know how they feel.
George Peckham recalled his 1995 presentation to the High School Board trying to convince it to address the formula. They were unresponsive. He said before approaching the State Legislature now, it would be necessary to convince the local School Board that they need to address it aggressively. He reviewed the cost per student.
Bob Smallidge wanted to know if this matter would be on the docket for another meeting.  He noted it was not the school budget per se that is the problem; it is the appropriation.  
Attendance at the high school budget meetings was discussed. Selectman Branch suggested putting something in the newsletter urging attendance at those meetings. Selectman Smallidge suggested a letter to the editor or an op ed column.  Town Manager MacDonald suggested a face to face meeting with School Board members if Selectmen wanted to have an impact.  Selectman Coombs agreed Selectmen should meet with its own school board before going to the legislature.

MOTION:  Selectman Smith moved to ask Town Manager MacDonald to write to the Chairman of the MDES School Board inviting his board members to meet with the Selectmen to discuss possible changes in the appropriations formula and also to write a letter from the Selectmen to the local media, seconded by Selectman Coombs.  The vote was unanimous in favor.

B.~~~~~~Budget discussion with Department Heads.

Town Manager MacDonald led the Board and Department Heads through the budget.  The administration $25,670 increase comes mainly from non-union wage adjustments, $9,392  added to the new office position bringing it to a full 12 month position and computer upgrades.
#0404 Assessor will be down by $76,845 reflecting the fact that funding won’t be needed again for evaluations.   #0405 Treasurer’s expenses will include $10,000 for a new computer line for a new server for the networking in the office. #0406 The Planning Board has requested $3,000 more for training for the Code Enforcement Officer Keene.
#0407 Buildings and grounds includes delayed maintenance items, restaining, new roofing, a $55,000 increase in Town office building reserves and roughing up granite entrance steps.
Town Manager MacDonald said he expects a 3.10% increase in the total budget.
#0421 Police Department wages will increase about 10% to make them competitive with other Island communities.  Overtime will go up for the same reason.  Police Chief Willis said there is a smaller turnover rate.  Officers stay longer resulting in higher wages.  Every year the department buys a new car because it puts 90,000 miles a year on them. A traffic control device (a speed trailer) will be $10,000.  Police Chief Willis said no one is scheduled for academy training but funds are in the budget if someone has to be sent.
#0422 Fire Department contains reductions in repairs and maintenance and the fire engine reserve.  There will be a one time contribution of a new fire truck.  
#0423 Communications.  Police Chief Willis said he might have a different request for the radio reserve because of information received late that afternoon.
#0431 Highway, streets & roads: Increases are in fuel, salt, sand, electricity and wages.  Public Works Director Smith said the storm drain increase is for rerouting the pipe on an easement given to the Town by Dan Falt.  He explained options for Ripples Road improvements and mentioned replacing sidewalks in Seal Harbor.
#0433 Waste Collection:  A week or two in wages was been added on either end of the summer season.  A $9,000 increase in disposal at EMR and transportation reflects increased volume.
#0435 Parks and Cemeteries includes improvements at Suminsby Park
#0440 Compliance:  Because a decision needs to be made about whether or not Otter Creek Pond will be dredged, the balance will be carried for another year.
#0442 Other Services:  The figure may change when the Board meets with the service groups.
#0446 Village Improvements requests are expected to remain the same.
#0450 Recreation reflects moving the Neighborhood House from Other Services to this department.  Director Anne-Marie DeRevere explained the funding increase.
#0453 Rural WW Support: Finance Director Hamor expects the number of requests to increase.
#0454 Sewer Capital and Debt:  budget shows a reduction because a 1996 bond was paid off in October, causing less in interest and principal payments.   Selectman Smallidge asked about bonding for the Summit Road project, Beech Hill and Sinclair Roads.  He wanted to see the Summit and Sinclair Roads projects completed because they have been put off for so long. The Beech Hill Road extension would not be included.
#0455, 6, & 7 Sewer Treatment:  Public Works Director Smith will be readjusting the Somesville plant figures.
#0459 Otter Creek Plant:  Town Manager MacDonald wanted to keep this as a separate line in order to track costs associated with it.
#0461 NEH Marina:  The building needs a new roof and updated bathrooms.  The harbormaster has indicated a need for a new pickup truck.  Other Town vehicles are not always available when they are needed.  
#0474 Personnel increases were estimated.

IX.  Treasurer’s Warrants

Approve Treasurer’s Warrant # 88 for $726,196.75.

Signed as presented.

X       Executive Session

None requested

At 8:53 PM Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.

Respectfully submitted,



Jeffrey Smith
Secretary