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Selectmen's Meeting Minutes - 11/07/2005
Board of Selectmen Meeting, November 7, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, November 7, 2005
A meeting of the Board of Selectmen was held this date in the Mount Desert Elementary School "Forum", Joy Road, Northeast Harbor, Maine.

Those present included: Chairman Rick Savage, Selectmen Kathy Branch, 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 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 7:00 p.m. following the conclusion of the special Town Meeting.

X       Executive Session

Executive Session – Pursuant to 1 MRSA §405.6.E, consultation with Attorney Thomas Johnston regarding Teamsters Unit Determination hearing November 14, 2005.

At 7:01 PM, Chairman Savage announced the Board would go into the above executive session.
At 7:40 PM, Chairman Savage returned the Board to the regular session.

Minutes

A.      Approval of minutes of Regular Meeting of October 17, 2005.

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

At Town Manager MacDonald’s request, Chairman Savage took the following item out of order.

VII.    General Issues

A.~~~~~~Beach testing procedure presentation from Esperanza Stancioff, Maine Cooperative Extension Service and Healthy Beaches program.

Esperanza Stancioff explained the background of the above program.  Of the 47 beaches being monitored, Mount Desert Island is one of 6 communities with hot spots.  Responding to Town Manager MacDonald’s question about following testing protocols, she said the indicator bacteria used for the program requires a 24 hour incubation period.  They need to develop a profile of the sites over a period of time and to look at a single sample instead of taking averages.  If the Town dropped out of the program, it would lose an opportunity for resources, technical expertise and analysis.  Responding to Chairman Savage, she said hers is the only program that does this type of thing. It is funded through an EPA grant.  Responding to Public Works Director Smith, she said it might be possible to provide some task forces from the University.
Chairman Savage said the Board would take her advice under consideration and develop a strategy for the coming season.

III.    Appointments and Communications

A.~~~~~~Confirm appointment of Soren Sundberg as part-time Police Patrol Officer, at an hourly rate of $12.00, effective November 8, 2005.

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

B.~~~~~~Appoint Michael Bender as Emergency Management Director.

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

C.~~~~~~Accept with regret, resignation of Edith Crowley from Comprehensive Plan Committee.
D.~~~~~~Accept with regret, resignation of Thomas G. Richardson from Investment Committee.
E.~~~~~~Accept with regret, resignation of Michael Bender from Warrant Committee.

MOTION:  Selectman Smith moved to accept with regret the above 3 resignations, seconded by Selectman Smallidge.  The vote was unanimous in favor.

F.~~~~~~Acknowledge receipt of gift of $700 from Atwater Kent Foundation, Inc.

Town Manager MacDonald said the gift is $200 more than last year’s grant.  

MOTION:  Selectman Smallidge moved to follow the procedure of acknowledging the gift with a letter of appreciation, seconded by Selectman Branch.  The vote was unanimous in favor.

G.     Acknowledge receipt of Monthly Financial Documents, Trial Balance, Revenue Control Report and Appropriation Control Report.   No action required.

H.~~~~~~Acknowledge receipt of Planning Board Minutes for October 11, 2005; Comprehensive Plan Committee for October 12, 2005; and Marine Management Committee for October 12, 2005.  No action required.

I.~~~~~~Acknowledge receipt of Department Head monthly reports  No action required.

J.~~~~~~Acknowledge receipt of correspondence from Lucy Bell Sellers, requesting review of Long Pond Management Plan.

Gerard Haraden said there is some urgency in doing something without much delay because the water level is exceptionally high due to all this rain.  Ice damage and erosion could occur when the water freezes at the high level.  He thought the level should come down at least a foot.  It is now 63.3 feet. Town Manager MacDonald said a 1998 letter from the DEP indicated it should be between 62.0 and 62.10 feet deep.  Public Works Director Smith discussed with them how the water could be lowered.  Because the gate is old and rusty, he was concerned about closing the gate after it has been opened. He will contact the dam keeper.

IV.     Selectmen Reports

Selectman Branch was concerned about the Planning Board, saying it sounds like a bully session with almost no input from the Code Enforcement Officer.  She thought the Board needs to review how the Planning Board is performing.  She had been to a few meetings and found it was not pleasant.  She did not know how to change it but thought it needed to be addressed.
Chairman Savage said it is hard for the Selectmen to oversee and pass judgment on another board that it appoints unless there are flagrant violations of procedures. He has received correspondence about that Board but he was not sure that Selectmen have the authority to intercede with another board’s procedures. Selectman Smith said he has heard the same comments as the other two selectmen but tended to agree with Chairman Savage about the separation of the two entities.  Selectman Smallidge said he had also heard concerns but was talking with another person who said this Town’s Planning Board was the friendliest one that he had dealt with on the island.  Chairman Savage said the Board is obligated to listen to both sides before making any kind of judgment.

George Peckham asked if anything could be revealed about the executive session.  Chairman Savage said it was informational. No decisions were made.

V.      Old Business

A.~~~~~~Acknowledge receipt of $12,500 grant from Maine State Planning Office for mooring re-alignment project.  No action required.

B.~~~~~~Acknowledge receipt of $1,425 from MMA Safety Enhancement Grant Program to assist with purchase of hydraulic tailgate lift for Wastewater Treatment vehicle.

Town Manager MacDonald said the above should be corrected to say Public Works vehicle.

C.~~~~~~Approve letter to State Representatives Koffman and Pingree, and Senator Damon regarding Town of Mount Desert dissatisfaction with County government budget process

Selectman Smith said it is a terrific letter.  Chairman Savage hoped for input from state officials.  Selectman Smallidge talked about property tax appropriations from other towns for county services.  

VI.     New Business

A.~~~~~~Approve purchase of Sullivan 185Q6 portable air compressor from NationsRent for $9,775.00 from Reserve Account #2875, Public Works Equipment fund (current balance $101532.28).

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

B.~~~~~~Approve release of $18,836.03 from Reserve Account #2875, Public Works Equipment fund (current balance $101532.28) to enter into a seven-year equipment lease-to-own program with John Deere, for equipment to replace 1992 JD 444E Loader and 1999JD 310E Loader/Backhoe.

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

C.~~~~~~Approve proclamation adopting National Incident Management System (NIMS).

Fire Chief Bender said this is part of an attempt to standardize responses for all emergency procedures.  It is not required by local authorities but it is going to be tied in with federal grants. Town Manager MacDonald said the use of words that mean things instead of 10 codes will reduce confusion during incidents.  10/20 in Maine doesn’t mean the same thing that it does in New Hampshire.  Selectman Smith said it has worked well in the park system.

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

D.~~~~~~Discuss declaring parks and recreation areas as “Drug Free Safe Zone.”

Police Chief Willis said if the Board is interested in this, his department will define the areas.  Chairman Savage asked him to come back with more details and a plan.

VII.    Other Business

A.~~~~~~Budget Review

Town Manager MacDonald handed out the latest revisions to the budget.
The Board tentatively approved Departments 0400, 0403, 0404, 0405, 0406.
Finance Director Hamor said the only big thing in 0405 is for a new server for the whole administrative department.
The Board tentatively approved Department 0407 after a reduction in line 2500 from $85,100 to $55,100. The Town Office building needs restaining.  Public Works Director Smith thought a recent bid for it is too high.  Chairman Savage thought a competitive bid would help.  He suggested that funds be left in the reserve account and instead raise the money needed for restaining.  Public Works Director Smith said line 2500 includes a top to bottom cleaning for $5,100. The Board reduced line 4301 Office Building Reserve from $75,000 to $51,000.  Chairman Savage thought money could be put away for the roof but that it didn’t need to be redone now.  
The Board tentatively approved Department 0409 and 0421, 0422 and 0423.
Police Chief Willis said he left funds in 0421 for 2904 training because of a possibility that he will need to hire a new officer and send him to the academy.
Fire Chief Bender said he will try to see if he can get the doors in Northeast Harbor done for less than a recent estimate.  A big item is for radio equipment replacement and updating.
The Board decided to skip departments headed by Public Works Director Smith until its next meeting and jumped to marina budgets.
Harbor Master Murphy wanted to drop the total for 2505 pilings to $3,000 instead of $12,000.  He is waiting for an estimate on updating the bathrooms.  Selectman Smith said he wanted to think some more about the truck request.
The Board tentatively approved Department 0462, 0464 and 0466.  Harbor Master Murphy said 2 floats in Seal Harbor were supposed to be replaced but instead are being fixed.
Chairman Savage put the rest of the budget discussion on hold until the next meeting.
IX.  Treasurer’s Warrants

Approve Treasurer’s Warrant #95 for $422,488.72, #96 for $96,196.65, #97 for $11,703.54, #99 for $117,738.
Signed as presented.

At 9:17 PM, Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge.     The vote was unanimous in favor.

Respectfully submitted,



Jeffrey Smith
Secretary





















 The next regularly scheduled meeting is Monday, November 21, 2005 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.