MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 2, 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, Harbor Master Will Boddy, Finance Director Michael Chammings, 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.
Public Hearing for Annual Town Meeting Referendum Questions
Chairman Savage opened the Public Hearing at 6:30 pm, reminding the public that voting on the referendum questions will be on March 1st and the Town Meeting will be held in the High School auditorium. He asked for comments from the public.
A Sewer Ordinance
B Rural Wastewater Support Ordinance
Selectman Smallidge was concerned that a future Board of Selectmen might set an additional connection fee in order to subsidize the sewer system in hard financial times. He would feel better if a fee were set up at Town Meeting. Chairman Savage thought Selectman Smallidge was looking at a worst case scenario. He expected the ordinance will be amended quite frequently.
Selectman Suminsby thought a more likely situation would be if there were water contamination and the Town wanted to encourage or require people to hook up to the sewers to alleviate that problem.
George Peckham was concerned that not enough people in the Town of Mt. Desert are well informed about the ordinance. Jim Clunan suggested that it be put on the Town's web site. Town Manager MacDonald said it could be done.
Chairman Savage was also concerned about getting the word out about the change in location for the Town Meeting.
Town Manager MacDonald said the High School Principal Rob Liebow has advised that if the administration anticipates more than 400 people, it should make a provision to go into the gym. Mr. Peckham said that would be record breaking.
At 6:40 pm., Chairman Savage closed the Public Hearing.
II. Minutes
A. Approval of minutes of Regular Meeting of January 12, and January 20, 2004.
Selectman Damon Pascal said on the minutes for January 12, page 4, line 12, the vote was 3 to 2, not 4 to 1. In the minutes for January 20, page 3, line 33, she was not sure what was meant by the time the percentages will be based on the amount of trash. Selectman Smallidge said it should read this time.
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meetings of January 12 and January 20, 2004 as presented with minor corrections to be made, seconded by Selectman Suminsby. The vote was unanimous in favor.
III. Appointments and Communications
A. Confirm appointment of Christopher Smith as Police Patrol Officer effective February 3, 2004 at an hourly rate of $13.00 per hour, increasing to $13.65 after successful completion of training at Maine Criminal Justice Academy.
Town Manager MacDonald noted this would bring the Town to a full staff of six officers.
MOTION: Selectman Suminsby moved to confirm the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Appoint Kevin Edgecomb and Shawn Murphy as Shellfish Wardens (annual appointment).
MOTION: Selectman Suminsby moved to accept the above appointment, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
C. Approve appointment of Norris Reddish to Warrant Committee.
MOTION: Selectman Damon Pascal moved to approve the above appointment, seconded by Selectman Suminsby. The vote was unanimous in favor.
D. Approve appointment of Seth Singleton to Warrant Committee.
MOTION: Selectman Damon Pascal moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
Town Manager MacDonald said this would bring that committee up to 30 members. The Board discussed when annual reappointments to committees should be made.
Town Manager MacDonald said Bobbi Williams talked to him about having the Board appoint a Town Comprehensive Plan Committee. He suggested putting authorization of the creation of the committee and appointment of members on the agenda for the February 17 meeting. Chairman Savage asked him to do so.
E. Accept with regret resignation of Administrative Officer Nancy Graves. Resignation effective February 20, 2004.
Town Manager MacDonald said she had been a good asset to the office but she decided to move back to Virginia. No action was required.
F. Acknowledge receipt of invitation to attend MDI Regional HS budget workshop scheduled for February 4, 2004.
No action was required. Mr. Peckham encouraged people to attend the workshop.
G. Bangor Hydro Electric Co. notice of "intent to trim, cut or remove trees located within or adjacent to the public right-of-way in the Town of Mount Desert." Municipal officers may require public hearing before commencement of trimming, cutting or removal.
Selectman Suminsby said in the past four years he has received phone calls from people concerned about what Bangor Hydro was doing. He recommended taking them up on their offer to hold public hearings as the only opportunity the Town would have to resolve the issue for its citizens.
Mr. Peckham said he had not had much luck when asking the electric company to remove a tree near a transformer on his property. Ken Poors was concerned about cleaning up after themselves and blowing chips into the ditches.
MOTION: Selectman Suminsby moved to direct the Town Manager MacDonald to respond to the letter, indicating the Board's preference to give the Town notice and to allow it to hold a public hearing with their attendance before commencement of any trimming, seconded by Selectman Smallidge. The vote was unanimous in favor.
H. Received a request from Mr. Eugene Aubry that the Town release its interest in a right-of-way that abuts his property. Such a release would require Town Meeting approval.
Town Manager MacDonald said Assessor John Brushwein has told Mr. Aubry's attorney that the Board does not have the authority to grant this request.
Selectman Suminsby said it makes no sense to release something of value that the Town may need in the future without doing so in the context of a long term plan for adjacent property. He did not want to lead Mr. Aubry he would have support from the Town.
Chairman Savage said Mr. Aubry has the option to bring it to the Town's attention at a later date. It obviously would not go on this year's Warrant.
Selectman Coombs said he would not care to give it up. Selectman Damon Pascal said this particular Board is not in favor of giving up the property.
Chairman Savage asked about sending the question to other committees.
Selectman Suminsby said the right of way has value to the Town's adjacent property. The only way he could see it getting on the Warrant would be if Mr. Aubry petitioned for it himself.
Town Manager MacDonald said he will write Mr. Aubry explaining that the Board cannot honor his request now, that the Board will refer any future requests either the Planning Board or Ordinance Review Committee and that he could petition to put it on the Warrant. No vote was required.
I. Fire Chief Farley memo indicating offer of 5 Rock End Road property for fire training purposes and notice of possible internship with MD Fire Department.
MOTION: Selectman Coombs moved to approve the internship of Brian Silverman, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: Selectman Suminsby moved to accept the above proposal from Jim Robinson, seconded by Selectman Smallidge. The vote was unanimous in favor.
J. Maine Coast Memorial Hospital invitation to attend healthcare forum on Saturday, February 7, 2004.
No action was required.
K. Planning Board Minutes of January 12, 2004
No comments were made.
IV. Consent Agenda
A. Approve Malt, Spirituous and Vinous license for Judith Swett d/b/a Lighthouse Inn & Restaurant, 12 Main Street, Seal Harbor.
MOTION: Selectman Damon Pascal moved to approve the above license, seconded by Selectman Coombs. The vote was 4 to 0. Selectmen Coombs, Damon Pascal, Savage and Smallidge voted for approval. Selectman Suminsby was out of the room.
B. Approve "Off Premises Catering Permit" for NE Library Board of Trustees Meeting.
This item was for informational purposes. Town Manager MacDonald had signed the approval earlier.
C. Approve Bangor Hydro Electric "Utility Location Permit" for Beech Hill Cross Road.
MOTION: Selectman Damon Pascal moved to approve the above permit, seconded by Selectman Smallidge.
Town Manager MacDonald said that Public Works Director Smith and Ken Poors wanted to delay approval of the permit until the Town gets assurance from Bangor Hydro that one of the pole placements will not be in the ditch.
Chairman Savage suggesting approving the permit if it meets with approval from Public Works Director Smith and Ken Poors'.
MOTION: Selectman Damon Pascal amended her motion and moved to approve the above permit subject to approval from Public Works Director Smith and Ken Poors, seconded by Selectman Smallidge. The vote was 4 to 1. Selectman Coombs, Damon Pascal, Savage & Smallidge voted for the motion. Selectman Suminsby voted against it.
V. Selectmen Reports
1. Selectman Smallidge referred to proposed requirements from the State under which a licensed boiler engineer shall be available although not required on the premises but shall observe the monitoring equipment at least once very 8 hours for a low pressure heating boiler located in a school or municipally owned building. This would mean that the Town would have to have a licensed engineer inspect this unit every 8 hours and also at the all municipal buildings around here. It would be an added expense to the municipality. This is another example of the State creating for a solution and looking for a problem, he said. He was strongly against the idea and asked for the support of the other Selectmen. The hearing will be Thursday, February 5.
Chairman Savage said this is the first time the Town has known when the hearing would be. He thought it would be beneficial to the Town to oppose it.
MOTION: Selectman Smallidge moved to direct Town Manager MacDonald to write his opposition, seconded by Selectman Coombs. The vote was unanimous in favor.
2. Selectman Suminsby reported good attendance at that afternoon's meeting of the Comprehensive Plan Committee with the planning consultant they had hired. He felt the process was off to a good start. He said the Plan embraces a fiscal plan for the town as well as land use and zoning issues. He asked anyone interested in helping to contact Bobbi Williams at the Town Office.
3. Selectman Smallidge had a problem with LD 208 which would repeal the personal property tax and therefore substantially cut a vital revenue source for towns, cities and schools without reimbursing the Town. He believed the State passed a law in the late 70's under which anytime the State granted an exemption to a business for its equipment, it reimbursed the Town. He urged the Board to send a letter urging non passage to the legislatures.
Selectman Damon Pascal wanted do more research before making a decision. Selectman Suminsby wanted to take time to work on solutions rather than sending a complaint.
The Board took no action.
4. Selectman Suminsby asked Fire Chief Farley for clarification under the Life Safety Code about the effect of tables on the permitted capacity in a room. Referring to a section ruling that nothing could be in the room, Fire Chief Farley said an example would be the Great Hall in the Neighborhood House where the capacity is less when tables are set up. He said you change the use of the room when you have tables and chairs because access to ingress and egress is limited. Selectman Suminsby wondered if there were a situation, the chairs could be removed if there were no other option.
Chairman Savage and Fire Chief Farley discussed the process of using and interpreting the Life Safety Code.
VI. Old Business
Selectman Suminsby asked about the status of the Warrant and was told by Town Manager MacDonald that it is at the printers.
VII. New Business
A. Discussion with James Wadman, CPA, Re: Town of Mount Desert 2003 audit results and Management Letter.
James Wadman reviewed the 2003 audit, saying the Town has a clean opinion with one qualification, the fact that it does not maintain a record of its fixed assets. At first glance, it looks as if the Town took a drop in its assets and fund balances. This is primarily because the Town spent $3.8 million on capital improvements in 2003 on the school and in the sewer department but does not show those improvements as fixed assets.
Mr. Wadman said the Town has no money in unprotected funds. Investments are collateralized. There are no investments on which the Town is subject to a significant amount of risk.
The expenditure of $87,000 for contingent liability was discussed. Because of a valuation on the liability, the auditors found it necessary to report it as a liability and therefore subtract it from the Town's surplus. Town Manager MacDonald said there is an equal amount in this year's proposed budget. If the voters authorize the expenditure, this money will revert back to an undesignated fund balance, in effect paying back the contingent liability.
Mr. Wadman pointed to the inclusion of fixed assets. In the past, if a government did include their fixed assets, then it would have the paragraph that says with the exception of the fixed assets, everything is a fair presentation. However, now starting with the year that will end in December 2004, if the town doesn't include fixed assets, buildings, roads, bridges, sidewalks, etc, then the auditors will have to say they do not have a fair presentation of the Town's financial condition. It will be called an adverse audit. The Town is in the implementation year now.
Chairman Savage asked who will appraise the fixed assets for the Town.
Finance Director Chammings felt the Town can become compliant during this next year. Some stuff is already inventoried.
Chairman Savage asked if it would be similar to an appraisal of the Town's real estate.
Mr. Wadman said the Town could start with the appraised value or replacement cost and then back into an estimated historical value. That is an acceptable method for a town of this size, being in Tier 3 of reporting government size. It has no requirement to report older assets. He suggested the Town comes up with as best an estimate of the historical value as it can.
Selectman Suminsby asked about the ramifications of an adverse audit report. Mr. Wadman saw no immediate impact but he did see one 3 or 4 years down the road. The Town could eventually lose grant funding one of a few towns not complying.
Responding to Selectman Smallidge, he told how other some towns have responded.
Finance Director Chammings talked about some of the possible adverse effects.
There was discussion about the value of having the figures, such as for estimating the amount needed for reserve accounts for a building.
Mr. Wadman said he had discussed the management level with Town Manager MacDonald and had suggestions for improvement such as segregation of duties in the office, keeping the investment end of the reserve accounts up to date and increased frequency of bank deposits. Town Manager MacDonald indicated to Chairman Savage that he could take care of those items.
Finance Director Chammings praised the good quality of work done by the auditing firm.
B. Authorized Public Works Director to purchase street sweeper payment from account R2870, Public Works Equip Fund, balance before 2004 Town Meeting $143,856.
MOTION: Selectman Damon Pascal moved to authorize the above purchase, seconded by Selectman Coombs.
Finance Director Chammings and Public Works Director Smith gave the Selectmen new financial information regarding the sweeper.
Town Manager MacDonald said the Town has spent a considerable amount of money on maintenance of the old street sweeper. It would be prudent not to spend that much money on something that is decreasing in value. The value of the sweeper is now $2,000. Two years ago its value was $7,000. Since then the Town has put $25,000 into it. He recommended authorization of the purchase.
Chairman Savage was concerned about authorizing the purchase before Town Meeting.
Public Works Director Smith asked if Selectmen wanted him to accept the $2,000 trade in offer or to try to sell the sweeper. Selectman Coombs thought $2,000 was not enough.
Town Manager MacDonald suggested selling the sweeper by using the internet.
Public Works Director Smith said the sweeper could not be used as a back up. It would need repairs if it were to be used this spring.
Selectman Coombs said residents at several town meetings voted to spend this money. It is not money that is being raised at Town Meeting. It is money that the Town has.
Public Works Director Smith said it would be 90 to 100 days before delivery.
MOTION: Selectman Damon Pascal amended her motion to authorize the Public Works Director to purchase the street sweeper at $115,754 using reserve account R2870, seconded by Selectman Suminsby. The vote was unanimous in favor.
C. Respond to ME DOT Biennial Transportation Improvement Program (BTIP) request for community input on planning, designing, and implementing transportation improvement projects.
Town Manager MacDonald said if the Town has any section of road on a State highway that it thinks needs attention, the DOT has a 2 year looking forward plan.
Chairman Savage said if any sections are done, they should be done with the recommendation of the Public Works Department.
D. Approve "Contractor Permit Agreement" with ME DOT for projects #STP 1126(800)X and #PLHD-9814(00)X.
Town Manager MacDonald said this request refers to the work to be done on Routes 3 and 198. The trucks may be overloaded. The permit grants the contractor the right to come on the roads with larger than permitted loads. It offers the Town the opportunity to have the contractor post a bond for any damage done to the road. This is standard procedure, he said.
MOTION: Selectman Coombs moved to grant the permit, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
VIII. General Issues
A. Assign Warrant Article comments.
Chairman Savage said Selectmen had decided that, if called upon at Town Meeting, they should have reasons for their recommendations. He thought there were philosophical differences with the Warrant Committee. Selectmen propose to fund the reserve accounts. The Warrant Committee does not want to fund them as heavily as Selectmen do. He did not think the Board would to back down from that philosophy and was prepared to defend its decision.
Responding to Selectman Damon Pascal, Selectmen discussed the lease for the museum. Jim Bright said the Warrant Committee thought there could be a better lessee for the building. They were concerned with the upkeep of the building. Chairman Savage said the Board had asked the Planning Board for their recommendation and accepted it. Regarding the 11 Sea Street sidewalk, Selectman Damon Pascal said Selectmen favored it for public safety reasons. Selectman Smallidge said Selectmen were looking to the future. Kathy Branch was concerned that allowing the property owner to build within one foot of the sidewalk would set a precedent. Selectman Suminsby thought it was appropriate for that area. Town Manager MacDonald noted that the Traffic Committee recommended acceptance of the easement.
Selectman Damon Pascal wanted to divide the items so that they could be prepared to speak. Selectmen agreed that Selectman Suminsby would speak for the museum and 11 Sea Street; Selectman Smallidge took Buildings and Grounds, Public Works - Sewers and Compliance and Mandates; Chairman Savage took Harbors and Personnel; Selectman Coombs took Highways and Refuse; Selectman Damon Pascal took Police, Fire and Communications; and Town Manager MacDonald agreed to speak for Administration.
IX. Other Business
A. Public reminder - March 2, 2004 Annual Town Meeting will be held at MDI Regional High School Auditorium.
B. Consider NPS snow plowing proposal.
Selectman Coombs was concerned about putting the Town operators in a position where they have more than they can do. Asked by Selectman Suminsby if the crew could handle it, Ken Poors wanted to know more about the request first. During big storms, the crew has all it can do to keep its roads open.
Public Works Director Smith said part of the park's problem is that it has to compete regionally for equipment,
Chairman Savage was reluctant to take anything on long term and was concerned about payment from the Park.
Finance Director Chammings thought there would be a chance of violating an anti-trust law by competing with the private sector.
Responding to Selectman Smallidge, Town Manager MacDonald said he and Finance Director Chammings will meet with the Park this Wednesday. They are close to finding a formula for operational costs and will talk about capital costs for sewers.
Regarding the plowing, Selectmen decided they need more information and asked Town Manager MacDonald to put it on an agenda for future discussion.
C. Police Chief Willis pointed out that, since Town Meeting will be in Bar Harbor, the Town would have no one with any authority there. Chairman Savage asked him to contact Bar Harbor. Police Chief Willis still has his county deputy commission from the Sheriff's Department. He will meet with the Sheriff about the matter and do what he can about it.
X. Treasurer's Warrants
Approve Treasurer's Warrant # 9, $231,468.82
Signed as presented.
XI Executive Session
None requested
At 8:24, Selectman Suminsby moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor
Respectfully submitted,
Emily Damon Pascal
Secretary
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