Board of Selectmen Meeting, Monday, December 5, 2005 ~~~~~~~~~
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 5, 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, 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 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting November 21, 2005.
MOTION: Selectman Coombs moved to approve the minutes of the above meeting as presented, seconded by Selectman Smith. The vote was 3-0-0. Selectmen Coombs, Savage and Smith voted in favor of the motion; Selectmen Branch and Smallidge abstained because they were not present. The motion carried.
III. Appointments and Communications
A.~~~~~~Approve appointment of Rick Mooers to White Tailed Deer Management Committee.
Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Notice from PW Director Smith regarding raising of gates at Long Pond Dam.
Public Works Director Smith said after the November 7 meeting, he spoke with dam master Jed Lauriat who was ambivalent about the urgency to adjust the water level. He was concerned that if the third gate were opened, it could not be shut in the spring and might jeopardize the Southwest Harbor water supply. He recommended that Mr. Lauriat be allowed to handle it.
Chairman Savage noted that all time records of rainfall have been exceeded this year.
Gerard Haraden read a prepared statement about the dam. In 1980, the Town accepted the responsibility to maintain the dam and water levels and in 1989 was given the ideal draw down times by the DEP. One month ago, the water level was too high at 3.3 feet. Today it is 63.4 feet, overtopping the dam. He stressed the need to lower the level and gave suggestions for corrections if the Town can’t get the third plate back in again next spring.
Chairman Savage thought the dam is not even designed to take care of this year’s extraordinary amount of rain. He noted the Town does not have funding for improvements.
Public Works Director Smith said the water will do some damage to docks regardless of the level. He said the Town has a capable dam master who should be allowed to do what he was appointed to do. Mr. Haraden said he stopped being the dam master after 12 years because he was not allowed to follow regulations. Selectman Smallidge thought the Board should solicit formal comments from the dam master and that it should back him. Chairman Savage said there is a definite problem that needs to be addressed. Selectman Smith said the water level is a real concern but believed the Board should trust Town employees. The problem should be resolved through Mr. Lauriat in a timely fashion, like this week. More discussion followed.
MOTION: Selectman Smith moved to reexamine the issue, instructing Public Works Director Smith to contact the dam master and direct him to resolve the situation with a draw down of the water level, seconded by Selectman Coombs. The vote was 4 – 1. Selectmen Branch, Coombs, Savage and Smith voted in favor of the motion; Selectman Smallidge voted against it. The motion carried.
C.~~~~~~Acknowledge receipt of monthly financials, Trial Balance, Revenue Control Report, and Appropriation Control Report. No action.
D.~~~~~~Department monthly reports, Admin. for months of Aug. thru Oct and Nov, Harbor Master, Assessor, Police Chief, Code Enforcement No action.
E.~~~~~~Board and Committee minutes – Marine Management Committee 11-15-05, Solid Waste and Recycling No action.
F.~~~~~~Marine Management Committee support for “town to continue to clean the yachtsmen’s building”
Town Manager MacDonald noted Selectmen had taken care of this at the last meeting.
IV. Selectmen Reports
1. Selectman Smith had spoken with Senator Dennis Damon who said he would be in touch with the Town about the county tax issue.
2. Selectman Smallidge spoke with School Superintendent Rob Liebow about the tuitions formula. Responding to Selectman Smith, Mr. Liebow estimated a possible increase to Mt. Desert Elementary School salaries.
3. Chairman Savage talked with Harbor Master Murphy and MMC member Rob Liebow about MMC’s plans for commercial use of the passenger dock. He recommended that the new plan be in place before the new year, in time for Harbor Master Murphy to get notices out.
4. Police Chief Willis explained to Chairman Savage his need for more privacy in his office. Chairman Savage asked him if using the Seal Harbor building would be possible. Selectmen Coombs and Smith agreed that Town assets like that one should be used more. Selectman Smith reiterated that it could be a public safety building. Jerry Suminsby said the Comprehensive Plan Committee agreed the firehouses in Seal Harbor and Somesville are underused.
Police Chief Willis said there could be problems if his work force were split, putting officers in Seal Harbor and leaving dispatchers in Northeast Harbor. Chairman Savage said the Town is looking at a possible 8.5% increase in taxes. To have any fiscal responsibility, he thought the town needs to use all its assets. He said the minimum cost to remodel the municipal building was estimated at $1 million. Fire Chief Bender did not think Seal Harbor would be the ideal place for public safety because it would not allow adequate response time. His department is trying to get its assets centrally located in Northeast Harbor. Town Manager MacDonald agreed and mentioned Public Works Director Smith’s idea of using the meeting room more, possibly putting additional offices in it. Selectman Smith
said he would not support major renovations to the municipal building. Seal Harbor has an existing structure. He did not think 4 minutes difference in response time mattered.
Town Manager MacDonald said all funds for the architectural study have been spent. The staff has not found a different firm with the experience to do what the Board wants.
Baffled, Selectman Coombs said the town has expanded and outgrown its buildings but the population is still what it was 30 years. Assessor Brushwein said at some point the board will need to decide which way to go. If it wants to use existing assets, it needs to budget the money to study how to change those buildings.
Town Manager MacDonald asked if the Board wanted the staff to redevelop what the Seal Harbor building can be used for. Chairman Savage was not convinced the Board feels the need to insist on use of Seal Harbor. Public Works Director Smith wondered about modernizing the old Fire House. Mr. Suminsby and Selectman Coombs mentioned using Town property near the public works garage. Selectman Smith wanted to dismiss the idea of expanding the current municipal building.
V. Old Business
A.~~~~~~Consider Comprehensive Plan Committee recommendation to establish a permanent Ordinance Review Board.
Chairman Savage reiterated his concern about the difficulty of filling boards. He thought Selectmen should take on the task of reviewing the 48 to 50 ordinances as stipulated in the Sunset clause. Chairman Savage noted that when the current job of the CPC is done, it will need to start all over again. They will never be done. Selectman Smith said it should be encouraged to plan for the future of this Town. The subject was discussed at length until Selectman Smallidge
realized Mr. Suminsby was actually asking for the CPC to be renamed the Comprehensive Plan Board and be a permanent board with permanent members. Its function would not change. Selectman Smith clarified the Selectmen would be the body that would review ordinances.
MOTION: Selectman Smith moved to give the Comprehensive Plan Committee board status and put the question before voters on the Warrant, seconded by Chairman Savage. The vote was unanimous in favor.
B.~~~~~~Consider Great Harbor Museum request for long-term/permanent occupancy of “Old Fire Station.”
Town Manager MacDonald noted the two articles presented at the last meeting have been tweaked by the museum board. The plan for Town Meeting would be that if the first one fails, the second one for leasing the building will be voted on. Speaking for the museum, Carl Kelley said that its board preferred to buy the building for $1.00.
Chairman Savage said the
Board has a long term responsibility for what happens to the building. He wanted to see more specific language. If the town voted to give them the building for $1.00, he wanted them to demonstrate that that they will indeed be able to get endowment funds. Mr. Kelley said they could not get the funds until they have the building. He said they were not asking Selectmen to give it to them; they were asking Selectmen to put the question before the voters and then work out an agreement. Chairman Savage and Sydney Roberts Rockefeller discussed maintenance of the building. Mr. Suminsby said all Selectmen really needed to do was to put the question before voters and have it out at Town Meeting. Selectman Smith liked the two tier approach on the Warrant, noting that the articles could stipulate that
the terms of the sale or lease must be in the best interests of the Town and that the boards of Selectmen and the Museum will come to an agreement. Public Works Director Smith and Selectman Coombs said the specifics will be worked out after the vote. Assessor Brushwein said the question should be whether or not voters want this Town asset to go to this non-profit association. Voters need to be aware that this asset can be sold or used by the Town for some other purpose. Ms. Rockefeller said both the CPC and the Planning Board agreed the building should stay in the public domain. Selectman Coombs said the building is the best place for the police and fire departments.
MOTION: Selectman Smallidge moved to send the proposal in the either/or format to Town Meeting and to add the wording in both options to include “to authorize the Board of Selectmen to negotiate terms and enter into an agreement”, seconded by Selectman Smith.
C.~~~~~~Declare listed parks and recreation areas as “Drug Free Zones”
Police Chief Willis added the Sargeant Drive picnic area to Seal Harbor and Otter Creek Playgrounds Neighborhood House, Seal Harbor Beach and Ponds End.
MOTION: Selectman Smith moved to declare the above, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: Selectman Smallidge moved to add the Northeast Harbor Village Green and tennis courts, seconded by Selectman Smith. The vote was unanimous in favor.
VI. New Business
A.~~~~~~Approve 2006 Holiday Schedule.
Town Manager MacDonald requested authorization to close the office on Monday, July 3.
MOTION: Selectman Coombs moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Consider Public Works re-organization of Wastewater Treatment personnel.
Public Works Director Smith proposed not filling a fifth position in the above department on a one year trial basis and described the specifics of his plan.
MOTION: Selectman Coombs moved to schedule an executive session after the Selectmen’s next meeting to discuss the above personnel issue, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Consider first draft of revised “commercial float policy and regulation
Harbor Master Murphy suggested putting the above off until the next meeting.
General Issues
A.~~~~~~Warrant Committee, Personnel Sub-Committee Benefit and Compensation review and recommendation.
Ellen Brawley and Joanne Bradt gave a power point presentation showing how this Town compares to MMA guidelines. They recommended an average 4% increase in pay for this year. They suggested changes in family coverage health insurance payments. This Town pays more than the average for other towns. Chairman Savage asked them to create a comparison with other towns of total compensation packages that would include health benefits and salaries. Mrs. Bradt thought Selectmen might want to select specific towns for comparison. It would be helpful to learn what their salary ranges are. Chairman Savage thought formation of a Human Resource Committee might be a good idea. Mrs. Bradt said salaries should be competitive, partly because this town is an expensive place to live. Discussion followed about
comparing job descriptions also.
VII. Other Business
A.~~~~~~Schedule additional budget review meeting for December 12 (PB meets at NEH)?
Selectmen agreed to the above, noting only two items will be on the agenda.
B.~~~~~~Budget Review Tabled until the next meeting.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant #107 for $231,068.84, #108 for $270,368.31
Signed as presented.
X Executive Session None requested
At 9:10, Selectman Smith moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith, Secretary
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