Board of Selectmen Meeting, December 19, 2005
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 19, 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, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, Recording Secretary Ellen Kappes and members of the public.
Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
The Board discussed the January meeting schedule and decided to meet in Seal Harbor on Tues., Jan.17 and, if necessary for the budget, an intermediate meeting on Mon. Jan. 9.
Minutes
A. Approval of minutes of Regular Meeting December 5, 2005 and December 12, 2005
MOTION: Selectman Smith moved to approve the minutes of the Regular Meetings of December 5 and December 12, 2005 as presented, seconded by Chairman Savage. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Approve appointment of John Macauley to Investment Committee.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Acknowledge receipt of department report; Fire Department, Public Works No action required.
C.~~~~~~MMA Workers Compensation Fund Stewardship Report (revised).
Town Manager MacDonald said the Town received $7,000 in dividends because of safe work practices.
D.~~~~~~Acknowledge receipt of meeting minutes from Comprehensive Plan Committee (12-14-05), Planning Board (11-28-05), and Zoning Board of Appeals (9-13-05 and 11-30-05) No action.
E.~~~~~~National Park Service announcement of Public Review and Comment on NPS Draft Management Plan. No action required.
F.~~~~~~Rate increase notice from Adelphia
Chairman Savage said he has received letters from Adelphia subscribers about how unsatisfactory the service is to all the areas. Town Manager MacDonald said the Town is in final negotiations with Adelphia on the franchise agreement. The Town’s attorney is working on the cable ordinance that needs to be revised before presentation to the Board for approval. The franchise agreement will include expansion to parts of Somesville and Seal Harbor. Chairman Savage explained to Selectman Smith that the grass roots problem occurred because the Town did not join the consortium with the island. Town Manager MacDonald said the franchise agreement being negotiated will expire at the same time as the current consortium agreement. When this Town renegotiates, it can go in with the group.
IV. Selectmen Reports
1. Selectman Smallidge said the White Tail Deer Management Committee was requesting an appropriation on the 2006 Town Meeting Warrant to cover the cost of sending a survey to Town residents about their concerns. Town Manager MacDonald estimated that $1,000 should do it. After discussion, Selectmen decided the survey should be a separate article in the Warrant.
MOTION: Selectman Smith moved to put $1,000 on the Warrant to fund a resident survey, seconded by Selectman Smallidge. The vote was unanimous in favor.
2. Selectman Smallidge asked about putting a sidewalk on Neighborhood Road in front of Island Plumbing and Mt. Desert Cleaners. Residents often drive vehicles almost up to the buildings. Water coming down the hill builds up in front of Alan Joseph’s building. Public Works Director Smith and Chairman Savage said the ball has been in Mr. Joseph’s court to make a proposal to the Town. Selectman Smallidge said he would relay the issue back to Mr. Joseph.
3. Selectman Smallidge asked if the Town had received any responses to the recent letter sent to the school board, the State Senator and the State Representative expressing dismay about the State’s latest increase in its property valuation. He said that he and Town Manager MacDonald had met with the School Superintendent and a member of the school board to discuss the growing inequity in the formula by which the High School appropriation assesses the towns. Town Manager MacDonald said he had heard from no one. Selectman Smallidge reviewed the formula. Chairman Savage suggested he ask School Board members for their standing on the issue. George Peckham reminded Selectmen that in 1995 he had prepared charts and information to show the then school board that
something needed to be done. He did not see that Bar Harbor would ever agree to change the formula. Selectman Smith agreed with the idea of asking for public statements from school board members. Town Manager MacDonald will write a letter.
V. Old Business
A.~~~~~~Approve and sign Quitclaim Deed, to Mr. Paul S. Richardson for parcel located at Town of Mount Desert Map 033, Lot 051-002 (former Otter Creek Fire Station), as per Article 44-2005 Annual Town Meeting.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Authorize Town Manager to execute Wastewater Facilities Upgrade contract with Acadia National Park.
Town Manager MacDonald explained how the Park’s share of Jordan Pond House wastewater treatment costs was determined. The figure for the construction costs is just over one and one-half million dollars. It may take 5 years for the Town to receive it all because the funds need to be part of the Park’s capital improvement plan. Selectman Smallidge said the contract represents a great deal of work on the part of Town Manager MacDonald and the staff. Town Manager MacDonald said a revenue line will be put in the budget for it.
MOTION: Selectman Smith moved to authorize the above, seconded by Chairman Savage. The vote was unanimous in favor.
VI. New Business
A.~~~~~~Approve Bangor Hydro Electric utility location permit, one pole on Whitney Farm Rd.
MOTION: Selectman Smallidge moved to approve the above, seconded by Selectman Branch. The vote was 3 – 0 – 0. Selectmen Branch, Savage and Smallidge voted in favor of the motion; Selectman Smith did not vote because of a conflict of interest. The motion carried.
B.~~~~~~Approve agreement with Small Animal Clinic of Ellsworth for sheltering stray dogs and cats.
Selectman Smallidge wanted to know why the Town uses the Ellsworth clinic but has an appropriation on the Warrant for the Southwest Harbor SPCA. Town Manager MacDonald will check into the Warrant article.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
C.~~~~~~Approve purchase of forty pc. of forty foot timbers from Martin Piling and Lumber Co. of Kenilworth, New Jersey at a unit cost of $455.75 total, including $1,200 shipping of $19,430.00. Payment to be made from Marina Capital Improvement Reserve Account #2840, (current reserve balance $137,915.46)
Chairman Savage and Harbor Master Murphy agreed the above was a pretty good price.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Branch. The vote was unanimous in favor.
VII. General Issues
None
VII. Other Business
A.~~~~~~Budget review
Town Manager MacDonald said Public Works Director Smith’s suggestion at a previous meeting not to fill a treatment plant position would require adjustments in the sewer treatment and personnel budgets. Town Manager MacDonald still needs to talk to the Teamsters Union. No action was required. A building and grounds position may need to be changed. He said there will be other tweaks in the budgets. One of the one time capital projects proposed for funding from credit reserves may have to be put back in the appropriations budget but if so, the mill rate increase will still be below 3%.
Chairman Savage said the Board would give its tentative support.
B.~~~~~~Draft warrant review.
Town Manager MacDonald reviewed the articles. He said the way the budget looks now, a new article 23 on page 11 may not be needed. The article is the result of LD#1. He and Selectman Smallidge discussed the Homestead Exemption.
Article 35: Town Manager MacDonald said Selectmen could approve a new Comprehensive Plan and Review Board but amendments to the LUZO would be needed to accomplish it. That would need to be done by the Planning Board. Another ordinance would probably have to be created in 2007 in order to give the new board authority.
Articles 36 & 37 would probably be removed. The Planning Board has not had a chance to review the idea of the new board. Chairman Savage recommended not bringing it up at this time.
Article 40 will not be addressed.
Article 42 puts limits on when people can apply for septic tank rebates. Finance Director Hamor said September 1st would work. Article 43 will say that property taxes must be paid by September 1st.
Article 51 and 52: Selectmen agreed to delete from both articles “A long-term lease will allow the museum to raise funds necessary to maintain the building in accordance with the lease”.
Article 53: Selectmen determined the lease of the Seal Harbor Fire Station to the Lurvey Wright American Legion Post No.103 should be for a term of one year because it is a Town building.
Article 54: The article for a sidewalk in front of the Library should be changed to say “to see what sum”. Selectmen will recommend $18,500.
Article 55: Selectmen discussed reasons for using credit reserves to pay for one-time capital improvement projects and equipment.
Chairman Savage thanked the Town staff and department heads for their hard work on the budgetary matters.
C.~~~~~~Review/Approve Right-of Way Opening Ordinance (repeals and replaces Road Opening Permit Ordinance).
D.~~~~~~Review/Approve Shellfish Committee recommendations to Shellfish Ordinance.
Town Manager MacDonald said these had not yet been added to the Warrant.
E.~~~~~~Set Public Hearing date for appropriation warrant articles (recommend January 16, 2006)
Selectmen set the date for the above for January 17, 2006 in Seal Harbor.
IX. Treasurer’s Warrants
Approve and sign Treasurer’s Warrant #110 for $1,827,927.61 (repay TAN); #1112 for $400,271.02; #114 for $108,145.12 and #115 for $9,307.41.
Signed as presented.
X Executive Session
None requested
At 7:55 PM, Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Branch. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith
Secretary
~The next regularly scheduled meeting is Tuesday, January 3, 2006 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.
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