MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, January 5, 2004
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, Ernest Coombs, Emily Damon Pascal, Patrick Smallidge, Jerry Suminsby; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, Harbor Master Will Boddy, Treasurer Michael Chammings, Code Enforcement Officer Brent Hamor, Fire Chief Chris Farley, Recording Secretary Ellen Kappes and members of the public.
I. Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of December 18, 2003
Town Manager MacDonald confessed he had not put the minutes in the Selectmen's packets. Selectman Damon Pascal said she found a few grammatical errors, nothing significant. Chairman Savage suggested waiting until the next meeting to approve them. He and the recording secretary thought the minutes from the December 1 meeting also needed approval.
III. Appointments and Communications
A. Confirm appointment of Jean Bonville as temporary Finance Department employee effective January 5, 2004 at a rate of $25.00 per hour.
Town Manager MacDonald said Jean Bonville had agreed to help with closing the books and to fill in later in the month for a long term absence of one of the staff.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
B. Confirm appointment of Troy Richardson as part-time Police Patrol Officer effective January 6, 2004 at a rate of $11.00 per hour.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
C. Respond to letter of inquiry from United States Board on Geographic Names, changing names of Bartlett Harbor and Bartlett Landing to Bartlett's Harbor and Bartlett's Landing.
Selectmen discussed the request. Chairman Savage thought that, unless the Town has a compelling reason to overturn the Board's previous decision, the name should be left as is. Selectman Suminsby noted that there is no other harbor to confuse it with. Selectman Smallidge noted a lack of overwhelming public support for a change.
MOTION: Selectman Damon Pascal moved to uphold the Selectmen's original motion not to make a change from Bartlett to Bartletts, seconded by Selectman Smallidge. The vote was unanimous in favor.
D. Respond W. W. Wibby request to make part of Kimball Road a no parking zone. (Correspondence has been forwarded to Traffic Committee)
Town Manager MacDonald said Mr. Wibby had asked for a no parking area on a portion of Kimball Road as a safety measure. Selectman Damon Pascal reminded the Board that about six months ago she had brought up the dangerous intersection. She believed Mr. Wibby was referring to the area from the driveway of the rectory to the front of the church. Public Works Director Smith said the Traffic Committee will meet on January 18th. George Peckham thought it might cause inconvenience to somewhat disabled people going to the church. Fire Chief Farley agreed that the road there is very narrow for fire trucks. Marion Peckham asked if the problem could be corrected with a no parking area on Mr. Wibby's side of the street. Does it have to be on the church side? she asked. John Brushwein said a public hearing would
be necessary. Selectman Suminsby suggested tabling the request pending a review by the Traffic Committee. Chairman Savage said anyone with concerns could direct them to that committee.
E. Household Hazardous Waste collection final report from Hancock County Planning Commission.
Town Manager MacDonald noted that 46 of the 131 participants were from Mount Desert. Responding to a question from Chairman Savage, he said the Town's cost was nothing because it was regional. Any site work was paid for by the League of Towns.
F. Approved Planning Board Minutes of December 8, 2003.
No action was required. Selectmen had voted at their last meeting to recommend authorization for a three year lease for the Museum.
IV. Consent Agenda
" None
V. Selectmen Reports
Selectman Suminsby said a second public hearing had been held that afternoon on zoning and subdivision changes. Asked about procedure, Town Manager MacDonald said the Charter requires the Planning Board to submit the changes to Selectman for their information but the Planning Board puts them on the Warrant. Selectman Suminsby hoped the Board will be up to speed by the time of Town Meeting. Selectman Smallidge noted that although he had initially opposed it, he was now convinced that it is a good tool, a good start. Chairman Savage wanted the changes put on the agenda for the Board's next meeting, January 12th. January 16th is the last date when for any additions can be made to the Warrant for the annual Town Meeting.
VI. Old Business
A. Consider 2004 Annual Town Meeting warrant article from owners of 11 Sea Street to donate easement for public Right of Way.
Town Manager MacDonald had put together a sheet with possible wordings for warrant articles. This first one, specifically for the above donation, references a conditional gift statute. The alternative, he indicated, is the last article on the page which would give the Selectman more of a blanket right to accept additional gifts. Chairman Savage thought the latter would be a bold step, a broad sweeping piece of legislation. The Board discussed State statutes on thresholds on what Selectman can accept. Selectman Damon Pascal thought donations should be accepted piece by piece. The other Selectmen agreed.
MOTION: Selectman Suminsby moved to include both the Warrant Articles as presented above for 11 Sea Street and below for 161 Main Street, seconded by Selectman Damon Pascal. Town Manager MacDonald said the difference between the two is that the Town will construct the sidewalk at 116 Main Street. The vote was unanimous in favor.
B. Consider 2004 Annual Town Meeting warrant article from owners of 116 Main Street to, donate easement for public Right of Way.
C. Reconsider amended Rural Wastewater Support Program Ordinance
Town Manager MacDonald said after speaking with Town lawyers, he changed part of the definition for a year-round resident. The new language says that if you'd met all the other qualifiers except for the evaluation, you'd still be eligible for the program. Mr. Peckham asked what had been amended. Chairman Savage said there had been a limitation on the amount of property valuation for the Homestead Exemption. Responding to a question from Selectman Suminsby, Town Manager MacDonald reported the attorney said that, if in fact the legislative body passes the ordinance, it is in effect in compliance with the Comprehensive Plan. It is not necessary to change the plan. Responding to a question from Mr. Peckham, Town Manager MacDonald said a the law court has not yet issued a decision on a Portland case but that the Town
Attorney thought that the Portland ordinance would be upheld.
MOTION: Selectman Coombs moved to recommend acceptance of the amended Rural Wastewater Support Ordinance for the Warrant, seconded by Selectman Damon Pascal. The vote was 4 to 0. Selectmen Damon Pascal, Coombs, Smallidge and Savage voted for the motion. Selectman Suminsby abstained. The motion carried.
VII. New Business
A. Presentation by Chief Farley, Re: acquisition of new equipment.
Beginning his slide presentation, Fire Chief Farley said that before he started his job 18 months ago, he never dreamed there could be a fire department like Mount Desert's. He reviewed many of the changes that needed to be made and those that had been made since then in personnel, equipment and building maintenance. Many of the buildings were jammed full of stuff. A lot of junk has been hauled out of them. He described a situation during a recent fire in Otter Creek when a deficient hose was used. He showed photos of vehicles, explaining the problems with them and money spent on them. Too much of his budget went for maintenance. He suggested cutting down on the number of vehicles in use, selling the "bread" truck, a 1987 ambulance and fire engine #6 and purchasing one new truck.
After considerable research, he chose a Pierce fire engine, a 4-door, versatile piece of equipment, which would cost nearly $478,000. A private donor has offered to contribute $100,000. The reserve fund currently has $180,000 in it. He would like to take $175,000 from it, leaving $200,000 to be raised. The three trucks being sold would not bring in very much.
Chairman Savage asked if the request is reflected in the current budget. Selectman Damon Pascal advised Fire Chief Farley to give the Warrant Committee the same presentation.
Asked by Chairman Savage if he saw any vehicles being replaced if in the next 5 years, Fire Chief Farley said he would like to see the ladder truck make it for several more years when he would replace it and another one at the same time. Chairman Savage suggested increasing the reserve fund. Kay Graves indicated she would be willing to pay increased taxes for a good truck.
Chairman Savage asked Fire Chief Farley to bring a detailed request to the January 12 meeting.
The Fire Chief agreed to put together a replacement plan.
Responding to a question from Mrs. Graves, Fire Chief Farley said he would expect the new Pierce truck to last 30 years. She wondered if donations could be raised from other residents once the need for the new truck is known.
Fire Chief Farley said the cost might depend on how the Town pays for it.
B. Consider Disorderly House Ordinance for inclusion in 2004 Annual Town Meeting Warrant
Selectman Damon Pascal found it unfortunate that one household has brought about another ordinance for the Town. She wondered if Selectmen are prepared to put on another ordinance. A lot of factors need to be looked at first.
Kathy Branch thought it is a wonderful ordinance that should be seriously considered.
Police Chief Willis said that many communities all seem to have one house each summer that causes trouble. The response by the police is key. The procedure spelled out in the ordinance is long and tedious, not a quick answer to a problem in the summer. He described how he would handle a complaint. Chairman Savage said they had been advised last summer that nothing could be done without an ordinance.
Selectman Suminsby noted that the ordinance was drafted from Bar Harbor's which has a different set of circumstances with absentee landlords.
Responding to a question from Mrs. Graves, Town Manager MacDonald said most of the complaints came from abutters in one area.
Police Chief Willis said community involvement is needed, even if it means going to court.
Selectman Suminsby noted the ordinance could be an obstacle to taking care of a simple problem. Police Chief Willis said the process under the ordinance could be stretched out three months or more.
Selectmen agreed the new Police Chief seems to have the ability needed to handle the problem.
MOTION: Selectman Suminsby moved to consider including the Disorderly House Ordinance in the 2004 Town Meeting Warrant, seconded by Selectman Smallidge. The vote was 0 for the motion, 5 opposed to it. The motion did not carry.
C. Consider retirement agreement (former police chief) warrant article for inclusion in 2004 Annual Town Meeting Warrant.
Town Manager MacDonald said he and former Police Chief John Doyle worked out the plan. He explained the cost of the annuity and the agreement which buys a full release from Mr. Doyle for all claims against the Town for disagreements with his retirement plan. Lawyers considered it a good deal for both parties because it eliminates the questionable outcome of a civil trial. The agreement says the Town will give him the money and put it on the Warrant for Town Meeting.
Responding to a question from Mr. Peckham, Town Manager MacDonald said the annuity would be under Mr. Doyle's name. He would get the full amount over a two year period.
MOTION: Selectman Suminsby moved to include the above agreement in the 2004 Town Meeting Warrant, seconded by Selectman Smallidge. The vote was unanimous in favor.
D. Award bid for construction of Force Main and Pump Station to Harold MacQuinn Inc. in the amount of $1,969,296.00 and authorize Town Manager to sign necessary documents.
MOTION: Selectman Damon Pascal moved to authorize the above, seconded by Selectman Suminsby. Chairman Savage asked when construction would start if the award was accepted. Public Works Director Smith estimated it would be about a month and a half after acceptance. The vote was 4 to 1. Selectmen Damon Pascal, Suminsby, Coombs and Savage voted for the motion. Selectman Smallidge voted against it. The motion carried.
E. Award bid for construction of Seal Harbor Treatment Plant upgrade to Apex Construction in the amount of $3,082,600.00 and authorize Town Manager to sign necessary documents.
MOTION: Selectman Damon Pascal moved to authorize the above, seconded by Selectman Suminsby.
Responding to a question from Selectman Coombs about a requirement for UV equipment, Public Works Director Smith said the Town is going to be required to have it. Selectmen discussed elimination of the aeration basin domes. The budget is real tight, Public Works Director Smith said. None of the changes would affect the operation of the plant. The domes, the UV equipment and the outfall extension would be postponed. Responding to concern from Selectman Smallidge, he said more money would have to be put into the other two plants in the future. Chairman Savage was concerned about elimination of the items. Mrs. Graves asked if the cut items would cost a lot more money down the road. Public Works Director Smith said that inflation would cause about 5% more per year but that the technology would be better.
He was comfortable with the cuts which he then reviewed.
The vote was 4 to 1. Selectmen Coombs, Damon Pascal, Suminsby and Savage voted for the motion. Selectman Smallidge voted against it. The motion carried.
Selectman Savage said he wanted Board members to keep the numbers in mind for the next meeting. They might want to raise the money some other way.
F. Consider 2004 Annual Town Meeting warrant article accepting donations to Fire Equipment Reserve Account #R2829.
Selectman Suminsby thought the current practice of approving each gift as it is offered is safer. Town Manager MacDonald said the article had been on past warrants and was overlooked last year. The Fire Chief Farley had asked for putting the article back on the warrant so that donations like the recent one from elementary school students could be put in the reserve account. Chairman Savage noted that the Board would still have the ability to reject donations. Selectman Suminsby raised his concern about including real estate in the article. He and Chairman Savage agreed that it would offer an opportunity to donate a house and thereby take it off the tax rolls. Katrina Carter noted that the wording does not say Selectmen have to accept a donation. John Brushwein saw no problem with the article if it were amended
to remove the words real estate and equipment. Selectman Damon Pascal said that if real estate was all that was bothering anyone Selectmen could take out that wording and move on.
MOTION: Selectman Smallidge moved to accept the above article as amended minus the wording real estate, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
G. Consider 2004 Annual Town Meeting warrant article authorizing Board of Selectmen to accept Conditional and Unconditional Gifts of real estate, equipment or funds.
Town Manager MacDonald withdrew the above because of the Board's previous discussions.
VIII. General Issues
Kay Graves brought up dangerous situations with traffic on Joy Road when cars park on both sides of the road. Police Chief Willis said the matter would be brought up next week with the Traffic Committee and that the issue of proper signs needs to be addressed.
IX. Other Business
A. Continue budget deliberations
1. Town Manager MacDonald said about eight of the budgets previously passed would have to be revisited because of recalculations to wages and revisions to interest and principal amounts on the sewer debt. $177,000 to fund the Waste Water Rural Support Ordinance still needs to be added. He suggested making the funding a one line department in the budget saying, by putting it as its own article, you lay it out for the voters. Selectmen chose to continue discussing the matter at their next meeting.
2. Harbors:
Selectmen discussed the dredging account with Harbor Master Boddy. Selectman Suminsby considered dredging to be necessary maintenance, not a capital improvement. When and how often the harbor was and needs to be dredged was discussed. Harbor Master Boddy said the whole harbor is basically filling in top to bottom. Chairman Savage suggested that major dredging would have to be financed with a bond issue. Harbor Master Boddy said Northeast Harbor is considered a very low priority for maintenance funding by the Corp. of Engineers.
Selectman Suminsby said that a percentage of the proceeds from the harbor should be set aside to preserve it. Selectman Smallidge wanted to see more in capital improvements.
X. Treasurer's Warrants
Signed as presented.
XI Executive Session
None requested
At 9:05 Selectman Damon Pascal moved to adjourn the meeting and resume deliberations on January 12, seconded by Selectman Suminsby. The vote was unanimous in favor
Respectfully submitted,
Emily Damon Pascal
Secretary
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