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Selectmen's Meeting Minutes - 01/20/2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, January 20, 2004

A meeting of the Board of Selectmen was held this date in the Somesville Fire Station Community Room, Somesville, 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; 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 January 12, 2004.

The minutes of the January 12, 2004 were not ready in time to be included with Selectmen's packets.  Approval was postponed to the next meeting.

III.    Appointments and Communications

A.      ME DOT notice of Public Hearing on Rt. 3/198 proposed highway improvements.

Town Manager MacDonald explained the DOT plans to improve Rt. 198 going up the hill from Peddar's Corner. A public hearing will be held on January 27, 2004 in the Town Office.  No action was required by the Selectmen

B.      National Park Service notice of boundary survey.

Selectman Suminsby had spoken with Mike Blaney.  The work, for defining Park boundaries, is fire related and will involve thinning small undergrowth.  The section between the High School and RA Corner is an example of what they plan to do.  Little will be done in this Town.

C.      Correspondence from Ms. Elisabeth Lehman concerning application of Rural Wastewater Support Program.

Town Manager MacDonald said Ms. Lehman, a summer resident with a year-round caretaker, is asking if they qualify for the program.  He thought they do not. Chairman Savage said this is a good time to establish the policy.

D.      Letter from Mr. William Gorman complementing Police Officer John Wardwell.

Town Manager MacDonald said on the rare occasions when compliments come in, he likes to let the Selectmen know about them.   No action was required by the Selectmen.

E.      Maine Healthy Beaches Award to Town of Mount Desert.

Town Manager MacDonald displayed a plaque given to the Town by Jane Disney for a great job of monitoring the bacterial levels at Seal Harbor.

F.      Request from NE Ambulance Service to establish Lifeflight landing zones within the Town of Mount Desert.

Town Manager MacDonald reported that Albert Hamor said they need to establish places where emergency medical helicopters can land.  The two locations are the Sea Street marina and the Elementary School ball field.  

MOTION:  Selectman Coombs moved to grant permission to use both places as stated above, seconded by Selectman Smallidge.  Answering Selectman Coombs, Town Manager MacDonald said Principal Scott McFarland had no issues with the request.  The vote was unanimous in favor.   

G.      Thirty-ninth MDI Regional High School Annual Report.

No action was required.

H.      Planning Board meeting minutes for December 18; December 22; 2003 and January 5, 2004.

No action was required.

IV.     Consent Agenda

A.      Approve Town of Mount Desert 2004 holiday schedule.

MOTION:  Selectman Damon Pascal moved to approve the holiday schedule, seconded by Selectman Suminsby.  The vote was unanimous in favor.

V.      Selectmen Reports

1.  Selectman Damon Pascal had received the notes from the Traffic Committee's meeting. The committee would like to internally take care of the parking situation between the church and the Neighborhood House.  George Peckham said Wayne Wibby would drop his request. Town Manager MacDonald said Mr. Wibby should write a letter telling the Town he is withdrawing.

2.   Selectman Damon Pascal said it seemed the Traffic Committee was in favor of both sidewalks.  Selectmen noted that the Warrant Committee accepted the Carter sidewalk but not the 11 Sea Street sidewalk.  Chairman Savage said if the Traffic Committee has a recommendation, they should be prepared to make a statement at Town Meeting.  Selectman Damon Pascal will call a Committee member.

3.   Selectman Smallidge was concerned that a move would be made to cut services and to decrease the budgeted reserves at Town Meeting.  Cutting reserves would deprive Selectmen of fiscal maneuvering room. Selectman Damon Pascal agreed.  She thought the Board should make sure it has representation at Town Meeting to explain why it wants to keep the reserves.  Chairman Savage recommended that, on different items in the budget, individual Selectmen speak on behalf of them so that voters can see it's the whole Board's view, not just one person's. Mr. Peckham agreed with the Board and encouraged them to stand up and be noticed.  Selectmen agreed to prepare for Town Meeting at their next meeting when they have the Warrant to look at.  Each Selectman could choose a topic then.

VI.     Old Business

A.      Town of Mount Desert Solid Waste Management report.

Public Works Director Smith reviewed his report, saying that solid waste is an issue to be addressed.  He noted that 15 towns in Maine have municipal curbside pickup, 81 have mandatory recycling, and 116 have a pay per bag programs.  The facts show that towns with a pay per bag system see a 40% reduction in the amount of solid waste generated.  
The Acadia Disposal District is now a quasi municipal tax exempt corporation.  It is looking at options:  purchase of EMR transfer station, purchasing a site on or off the island, or working with Ellsworth.  The National Park Service prefers not to be an owner but instead to be a purchaser of services.  They will however be asked to join the District.  The Park reserved land on the Crooked Road 20 years ago for a transfer station for consideration as a transfer station but that has been ruled out.  We would see a lot of nimbyism if a new site were considered when there already is one on the Island, he said.
Chairman Savage said this is a very important group function.  He thought this is one of the most important things facing the Island.
Public Works Director Smith confirmed that his report will be in the Town Report.  He said last year the town of Addison generated enough income from recycling to cover solid waste services.  He reviewed what is currently being paid for different recyclable materials.  Before we promote recycling, he said, we have to look down the road and see how we can handle it.  A lot of planning is needed. He was not prepared at this time to make a recommendation to the Town about how to improve its recycling.
Selectman Coombs was jumpy about the idea of a group of towns buying EMR.  Mt. Desert would end up spending a fair amount of money in a regional operation.  Public Works Director Smith said this time the percentages will be based on the amount of trash a town generates.

VII.    New Business

A.      Vote to relocate Annual Town Meeting to MDI Regional High School Auditorium.

MOTION:  Selectman Damon Pascal moved to approve the above relocation, seconded by Selectman Suminsby.  
Town Manager MacDonald and Selectman Coombs explained the problem at the elementary school is with redoing the gym floor before the meeting. He had tried to negotiate with the contractor for a window of two to three days around March 1st but could not get a commitment.
Selectman Damon Pascal thought a move to the High School auditorium is a good idea.  The sound system equipment available will make it easier for everyone to hear.  The High School theater tech. students could put together a sound system for the meeting.  It's a central location with ample parking and is more comfortable.  A visual presentation might be possible.  She thought students could be encouraged to attend the meeting there.  
The vote was 4 to 1.  Selectmen Coombs, Damon Pascal, Savage and Suminsby voted in favor of the relocation, Selectman Smallidge voted against it.  The motion carried.

B.      Vote to approve and sign 2004 Annual Town Meeting Warrant.

MOTION:  Selectman Suminsby moved to approve and sign the above Warrant, seconded by Selectman Coombs.  The vote was unanimous in favor.

C.      Set Public Hearing date for Town Meeting Referendum questions (Feb. 2, 2004)

MOTION:  Selectman Damon Pascal moved to approve the above date, seconded by Selectman Coombs.  The vote was unanimous in favor.

D.      Respond to Town Manager request to declare Fire Chief office and training area as "an office designed for conducting business."

Town Manager MacDonald said in December he had asked Fire Chief Farley to make his downstairs space compliant or to relocate his office to another building. Provisions in the Life Safety Code say if the authority having jurisdiction declares it as a space for conducting business and there is a means of egress within 100 feet of the space, it can be used for that purpose. He was not sure if he or the Selectmen were the authority and advised that they both declare it an office space to cover all bases.

MOTION:  Selectman Smallidge moved to declare the above, seconded by Selectman Coombs.  Asked if by Selectman Smallidge if Fire Chief Farley was happy with the solution, Town Manager MacDonald said he was the one who proposed it. The vote was unanimous in favor.

E.      Award float bid (four 20' x 20' floats) to Chalmers Enterprises LLC in the amount of $29,949.00.  Funding $14,449 from Reserve Account #2820 (Seal Harbor Dock CIA, balance $35,000) and $15,000 from carryover account 0464-4402 (Bartlett Narrows Harbor).

MOTION:  Selectman Suminsby moved to award the above, seconded by Selectman Damon Pascal.  The vote was unanimous in favor.

VIII.   General Issues

1.  Public Works Director Smith said the Town has been budgeting $33,000 each year for the last two years towards or a street sweeper in anticipation of raising the balance at the March 2004 Town Meeting. A lot of money has had to be spent on repairs to the current one.  He asked for permission to order the new sweeper this week, taking up to $119,000 from the Public Works equipment fund to pay for it. There is a 90 to 120 day lead time to get it.  If it is ordered in mid-January, the Town could have it by mid-April or May. If it is not ordered until after Town Meeting, delivery would be the end of May or June.  Usually the sweeper is ready to go by the middle of March.  
Chairman Savage appreciated Public Works Director Smith's wish to save money but felt uncomfortable with the idea and did not want to change the rules.  
There was a discussion of what the Town could get for the current sweeper.  Public Works Director Smith felt it would not be a good a back-up.
Town Manager MacDonald said there is about $190,000 in the total reserve account.  About $20,000 was spent on the sweeper this year.
Selectman Coombs clarified with Public Works Director Smith that there is more than enough in the reserves to pay for the new machine which would cost $115,750 and that the Town wouldn't be spending money that hadn't been voted on.
Selectman Damon Pascal asked to put the request on the agenda for the next meeting. Selectmen agreed to give themselves a week or two to think about the request.

2. George Peckham asked the Board to think about changing the Town's fiscal year, getting it on the same page as the other three towns to facilitate the High School budget process and to improve voter attendance. It has been harder to get people out to vote because this is getting to be more of a retirement community with people going south during the winter.  Better weather in the spring would be more likely to get people.  
Chairman Savage said changing the fiscal year would require a change in the Town Charter.
Selectman Suminsby said the Ordinance Review Committee had discussed what to do about the small numbers at Town Meetings and thought about having two meetings instead of one.

IX.     Other Business

A.      Board members to sign Municipal Officer's Certification of Official Text of A Proposed Ordinance.

Selectmen signed the above certification.

X.      Treasurer's Warrants

Signed as presented.

XI      Executive Session

None requested

At 7:35 Selectman Damon Pascal moved to adjourn the meeting, seconded by Selectman Suminsby. The vote was unanimous in favor


Respectfully submitted,



Emily Damon Pascal
Secretary