Board of Selectmen Meeting, Nov 21, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, November 21, 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 Ernest Coombs, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; 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 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting November 7, 2005.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of November 7, 2005 as presented, seconded by Selectman Smith. The vote was unanimous in favor.
III. Appointments and Communications
B. Approve appointment of Kevin Edgecomb to White Tailed Deer Management Plan Committee.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
C. Approve appointment of Mel Everly to Solid Waste-Recycle Committee
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
D. Confirm appointment of Phillip Frost as MEO I at probationary rate of $13.63, increasing to $14.02 at successful conclusion of probationary period. (Note probationary rate is current Asst. Operator rate)
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
E. Acknowledge receipt of Adelphia notice or premium channel adjustments. No action required.
F. Message from Hancock County Democratic HQ, request Congressman Michaud Constituent Liaison opportunity to hold a Hancock County “listening tour” event at Mount Desert Meeting Room.
Town Manager MacDonald will call the coordinator for the above to tell her the Selectmen approved the request. Chairman Savage said Board members should try to attend the Dec. 15, 2005 11:30 to 12:30 event.
G. Acknowledge receipt of Non-Binding Referendum Question results.
Chairman Savage read the results which indicated that more were against the change in the fiscal year than were for it. Bob Smallidge hoped the Board would not take the poll seriously because only 42 % of the Nov 8 voters participated in it. One of his neighbors was not aware that it was going on and there had been no publication of pros and cons prior to the vote.
Chairman Savage said, as a Board, they tried to do justice to the question by offering people the opportunity to vote on it. They had agreed that it would not be a binding vote.
George Peckham was concerned because, in a Selectmen’s meeting, Kim Parady had said she would vote against the change and yet she was tending the straw poll. He thought the decision should be handled by Selectmen and not members of the public who seemed to lack interest.
Jim Clunan said there had not been a chance for absentee ballots.
Selectman Smith said Ms. Parady thought people who voted against the change didn’t understand the issue and, for lack of information, wanted to preserve the status quo.
Mr. Smallidge encouraged the Board to put a pro/con sheet in the Annual Report. Town Manager MacDonald said there would be room for presenting both sides of the issue but that there would not be time for a warrant article. Chairman Savage thought the web site might be a good place for the information. Selectman Smith said Town Manager MacDonald’s condensation last year was fair and objective and could be issued on the web site. Chairman Savage said the subject would come up again.
H. Acknowledge receipt of Department Reports
Chairman Savage said some of the highlights from these reports should go on the web site.
I. Acknowledge receipt of meeting minutes from Solid Waste and Recycling Committee, Planning Board
IV. Selectmen Reports
None
VI. New Business
E. Consider Flood Plain Management Ordinance repeal and replace for 2006 Town Meeting.
Chairman Savage took the above item out of order, asking Code Enforcement Officer Keene to present the changes she wanted to see in the warrant. Code Enforcement Officer Keene said the existing 1995 ordinance is outdated. A lot of changes had been made since then. At a recent seminar, she learned that if the ordinance is not replaced, the Town could be suspended from the national flood insurance program. Chairman Savage asked her to prepare language for a separate Warrant Article.
V. Old Business
A. Approve resolution authorizing Acadia Disposal District to negotiate fuel surcharge with EMR.
Public Works Director Smith said EMR has requested the fuel surcharge because of the recent increase in prices. Attorneys have told ADD that it does not have authorization to negotiate such things on behalf of member towns.
MOTION: Selectman Smith moved to authorize Public Works Director Smith to negotiate with ADD on the above item on the Town’s behalf, seconded by Selectman Coombs. The vote was unanimous in favor.
Chairman Savage confirmed with Public Works Director Smith that this would be reflected in the future budget.
B. Commitment of 2002 and 2003 taxes to Tax Collector Brent W. Hamor.
MOTION: Selectman Smith moved to approve the above formality, seconded by Selectman Coombs. The vote was unanimous in favor.
C. Approve amended contract with Vision Software Technologies Inc.
Town Manager MacDonald said this document is needed to complete paper work after voters approved the $77,000 transfer from credit reserves to the assessor’s appropriation budget.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
D. Consider Great Harbor Maritime Museum request for 2006 Town Meeting Warrant Article
Chairman Savage read both suggested articles. Sydney Roberts Rockefeller, Co-chairman of the Museum Board said the Board must renovate the building and cannot do so unless it at least has a long term lease. Selectman Coombs said he favored a 30 year lease over selling the building. Sara Murray, Museum Director said foundations would look more favorably towards them if they actually owned the building.
Chairman Savage called the proposed sale an extraordinary request. Other groups ask the Town for $500 to $1,000 and yet the Museum is asking the Town to give them a building. It hasn’t even been appraised yet. He suspected the appraisal would be quite high. He asked how the board proposed it would be able to fund, sustain and support the building if it were given to them. Ms. Rockefeller said there were no guarantees but that if they were going to continue with the organization, they needed assurance of more that a 3 year lease. Willy Granston pointed out that if the Town gives the Museum the building, it has the chance to get it back if it doesn’t work. Chairman Savage said there have been multiple offers to buy the building. Mr. Smallidge thought the building would not be the
same if it were sold outright. With the museum as owner, it still belongs to the people.
Selectman Smith thought the question should be on the Warrant, asking if it could be an either/or set up. He shared Chairman Savage’s concern that the building is worth at least several hundred thousand dollars. Another option would be to have both questions on the Warrant. If one doesn’t pass, voters could move on to the next one.
Chairman Savage noted the articles do not say the Museum will put the building in good shape. It seemed ambiguous to him. Ms. Rockfeller said the article could be rewritten. Public Works Director Smith pointed out that both articles say the Museum would negotiate and enter into an agreement. Charlotte Singleton said she had seen contingent agreements with a point at which there would be a conversion. Chairman Savage recalled that there has always been a question about who has been responsible for things like the roof, the siding and the restrooms. Town Manager MacDonald said the article would be for approval of a concept and that restrictions could be put in the agreement which would still require approval of the Board. Mr. Clunan, as a member of the Planning Board, said they
recommended a long term arrangement with the museum and operated on the expectation that protection would be written into an agreement. Public Works Director Smith said the lease should define specifically who is responsible for what. Selectman Smith agreed with Selectman Coombs in that he supported a long term lease, not the sale. Although he recognized the fundraising advantages if the museum owned the building, he was not comfortable with giving away a $400,000 piece of property.
MOTION: Selectman Coombs moved to consider a warrant article for a 30 year lease to the Great Harbor Museum, seconded by Selectman Smith.
Carman Sanford agreed with Chairman Savage. She said it is only a part time museum and thought it could be part of the Historical Society. She asked where the big endowment is.
Chairman Savage asked Selectman Coombs to withdraw his motion and asked Ms. Rockefeller to come back with more specifics. He hoped the question would be in the news. Mr. Peckham pointed out that any vote had to be supported by a majority of the board, not just a majority of those present. Town Manager MacDonald confirmed that fact. Selectman Coombs and Selectman Smith withdrew their motion and second. Mr. Clunan thought the Warrant Committee would be considering the museum question on December 13. Chairman Savage said the question has been referred back to the museum.
VIII. Other Business
A. Budget review – Service Group presentations
Chairman Savage took the above out of order because of the number of people attending.
Mt. Desert Nursery School: A board member said the increased request was for new chairs. 19 children from this Town are enrolled for ½ to 5 full days.
Chamber of Commerce: Rob DeRevere said the significant increase was because of the Town’s policy change for 2006 to no longer provide cleaning maintenance and supplies for the restrooms and showers. The chamber cannot afford to take on this expense. Responding to Selectman Coombs, Town Manager MacDonald said the reason was a cost and efficiency factor. Public Works Director Smith thought the building and grounds position should be used more for the Town Office than it currently is. Selectman Coombs said he hired the very first guy for this position. The C of C building was part of his responsibilities then. Picking up and sorting recycling from the post offices was not. He thought it was a mistake not to support the C of C. The position needs to be put back where it
was. Chairman Savage said a decision would not be made that night but that Selectman Coombs had brought up points that need to be addressed.
Responding to Ms. Sanford, Mr. DeRevere said the C of C request would be unchanged from last year if the Town were willing to continue its services.
Wash. Hancock Community Agency: Pat Smith said the agency was asking for 2% (or $762) of what had been expended in this Town but that at least a portion of that would help them get federal support.
Mt. Desert Nursing Association: Steve Richards said the increase reflects increases in costs for providing services.
Downeast WIC Program: Trudy Lunt said the number of low to middle income clients in this community increased this past year from 7 to 16. Any funds up to $2,000 will be matched.
Downeast Horizons: John Wood said this agency did not get a request to the Town last year but the $6,000 being requested for 2006 is the same amount that it received 4 years ago.
Hospice: Laurie Fernald said Hospice served 18 people in this Town and provided bereavement assistance to schools and families.
Acadian Little League: John Doyle said 75 – 80 children from this Town participated.
Downeast Transportation: Asked by Jean Fernald if a fare will ever be charged, Paul Murphy said there were no such plans. The mission is to carry more rather than fewer people. He said there was a fare during their first two years of service. When that was stopped, riders increased. If the service is user friendly enough, people will leave their cars behind at campgrounds and motels. There is a donation box on each bus. Ms. Sanford questioned why elderly are charged $2.50 to ride to Ellsworth when visitors are not. Mr. Murphy said his Board is looking at that.
Island Connections: Andrew Dewey said this is not a duplication of service with the above. Ninety percent of the rides are provided one on one from homes to appointments.
Lurvey Wright Post 103: Jack Tracy said the $500 increase in their request was for liability insurance for office space. Chairman Savage noted that the Town already provides the office space in the building and that they had to pay rent where they were before. Town Manager MacDonald explained to Ms. Sanford that $400 of the request should be under Parks and Cemeteries and the $500 under Other Services.
Mt. Desert Historical Society: Charlotte Singleton said part of the additional request would be for display cabinets used in a traveling show for schools. Some would be to provide electricity to the Somesville building to light an exhibit on town government.
Somesville Library: Carole O’Donnell spoke as the Library’ Treasurer.
Somesville Village Improvement Society was represented by Jean Fernald.
Ms. Sanford asked Selectmen to look at the instructions on the request forms that only suggest representatives appear at the Selectmen’s meeting. The question was discussed. Chairman Savage said agencies are not automatically disqualified if someone doe not show up. Town Manager MacDonald said some people had scheduling conflicts and had wondered if appearing at the Warrant Committee meeting the next night would be sufficient.
VI. New Business
B. Comprehensive Plan/Ordinance Review Committee recommended Warrant Articles
Chairman Savage took the above item out of order because for Jerry Suminsby and was concerned about finding members for an additional board. Selectman Smith said they have enough trouble finding members for existing boards. Mr. Suminsby and the Board discussed at length his suggestion for formal establishment of an Ordinance Review Board and the need to review all ordinances because of the 15 year sunset provision in the charter. Chairman Savage postponed further discussion and asked Town Manager MacDonald to put the item on the agenda for the next meeting.
A. Cast ballot for Municipal Review Committee Board of Director’s election.
MOTION: Selectman Smith moved to cast a ballot for Sophia Leotsakos Wilson, seconded by Selectman Coombs. The vote was unanimous in favor.
VIII. Other Business
A. Budget review – Public Works
Public Works Director Smith said as far as he was concerned, the Town needs to maintain status quo with the Chamber of Commerce but he would still like to streamline the building and grounds position. 0433 Waste Collection is up 5.18% because of EMR and PERC increases. The $3,000 addition to 0435 Parks and Cemeteries is for repairing paving in the lower sections of Suminsby Park. 4512 in Sewer Capital and Debt includes an increase for the second installment to replace and relocate a Sea Street pump station. 4560 is for postponed ultraviolet disinfection and the building to house it in Seal Harbor. Responding to Selectman Coombs, he said the postponed Summit Road work will be coordinated with the Water District’s project. The cost for repairs on Joy Road were considerably less because
they were combined with Water District work. 0459 Otter Creek Pump Station is up 3.96% for odor and grease control. He anticipates odor complaints in July when RVs in Blackwoods Campground start dumping septic wastes into the system.
Selectman Smith said Pond’s End looks great now. Public Works Director Smith hopes to carry money over to next year to complete that work.
Responding to Selectman Coombs, Fire Chief Bender said the ladder truck will need to be replaced pretty soon. It should be a first response vehicle for buildings three stories and higher. He did not think sharing a truck with Southwest Harbor or housing it in Somesville would work. It should be in Northeast Harbor. Chairman Savage asked if it made sense to rebuild doors for a ladder truck that will be replaced. Fire Chief Bender thought a new one would not be that much lower. Chairman Savage was interested in scheduling the work and getting it done. Selectman Coombs agreed, saying the Town budgeted the money for it. Fire Chief Bender is waiting for quotes.
VI. New Business
D. Asplundh Tree Service notice of power line trimming in Northeast Harbor. No action required.
C. Approve Town Manager employment contract extension.
Chairman Savage said this is basically a vote of confidence.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
VII. General Issues
None
IX. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #100 for $4,341.27, # 105 for $118,772.61
Signed as presented.
X Executive Session
None requested
At 9:30 pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
Adjournment. The next regularly scheduled meeting is Monday, December 5, 2005 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.
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