MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 17, 2004
A meeting of the Board of Selectmen was held this date in the Seal Harbor Fire Station Community Room, Seal Harbor, Maine
Those present included: Selectmen Ernest Coombs, 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.
Selectman Coombs called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of February 2, 2004.
Town Manager MacDonald said Secretary Damon Pascal emailed him approval of the minutes.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of February 2, 2004 as presented, seconded by Selectman Suminsby. The vote was unanimous in favor.
III. Appointments and Communications
A. Acknowledge resignation of Jock Ober, Assistant Operator at Wastewater Treatment Plant.
Town Manager MacDonald said Mr. Ober effectively resigned by not showing up to work three days in a row. He expected to fill the job internally. No action was required by Selectmen.
B. Traffic Committee Minutes 2-4-04
No action was required.
C. Ordinance Review Committee minutes of 1-19-04
Responding to Selectman Smallidge, Selectman Suminsby said that making the ORC a standing committee would take a charter change and a vote at Town Meeting. He recommended that it be given full authority and responsibilities with the mechanism in place to do long term planning. Selectman Smallidge thought the ORC has enough duties to make it a standing committee. He asked Town Manager MacDonald to follow up and see what is required.
D. Planning Board minutes of 1-26-04 meeting
This was for information only.
E. Safety Committee minutes of 2-4-04
This was for information only.
F. Department Reports, Finance Director, Harbor Master
No action was required.
G. Bureau of Public Lands public review notice for Seal Harbor Treatment Plant outfall.
Town Manager MacDonald said a letter from the Department of Conservation has informed the Town that it has to license its outfalls at Seal Harbor and have a review by the Department of Environmental Protection. There is a $100.00 application fee.
Selectman Smallidge said the Town is getting fined for complying with the law. He did not expect the DEP to mandate use of Town property and then have other agencies come back and gong the Town. Selectman Suminsby said this is very standard stuff. Everyone places a dock goes through this process every year. It is $100.00 and a matter of notification.
Selectman Smallidge thought the DEP should pay for it.
IV. Consent Agenda
" None
V. Selectmen Reports
" None
VI. Old Business
A. NPS snow plowing
Town Manager MacDonald said at the last meeting, he had notified Selectmen that the Park Service had notified the Town that they wanted help with snow plowing Otter Creek and the Jordan Pond Road. Since then Public Works Director Smith has measured the distances it would take. The road is ¾ mile and 2.75 lane miles. He also provided Selectmen with a Survey from Maine Town and City Management Association of contracted winter road maintenance costs. The average is $2,773 per mile. This is information in case the Town wants to negotiate with the Park Services. They have not come back again asking for service.
VII. New Business
A. Authorize Town Manager to sign franchise extension agreement with Adelphia. (extension to June 30, 2004)
Town Manager MacDonald said Adelphia, which should be out of bankruptcy by July, would like to begin negations for the new franchise agreement. In order to do that, they would like an extension of the Town's existing agreement. He saw no downside to doing so. He said they would be able to ask Adelphia to put a distribution line in Somesville. He expected full digital services in Town by July. Selectman Suminsby asked if he had investigated the options with Verizon as well for the fiber-optic, DSL service. Town Manager MacDonald said a voice mail message this morning responded to his phone call of last week, informing him that they do not have DSL service in the 276 area.
Selectman Suminsby said the Knowles Company has it. He would like to see the Technology Committee get back on board because of the cost and because Verizon will also be selling broadband. Competition will heat up quickly.
Ted Bromage was concerned about that Adelphia was not interested in the western part of Town. The required number of potential customers in a given area was discussed.
Town Manager MacDonald explained the Town's background with Adelphia. Now that they want to negotiate and bring fiber optic cable service, they recognize Somerville's need.
Responding to George Peckham, Town Manager MacDonald said Adelphia might be bought out by one of the other large and well-capitalized cable providers by July.
MOTION: Selectman Smallidge moved to authorize Town Manager MacDonald to sign the franchise extension agreement with Adelphia to June 30, 2004.
When Selectman Suminsby hesitated to second the motion, Town Manager MacDonald explained before the Town does a franchise agreement, it should do a cable ordinance. The three-step process would involve passing an ordinance, passing the approved franchise agreement and joining the cable consortium of 16 other towns negotiating with Adelphia.
With the understanding that the Town's hands would not be tied past June 30, Selectman Suminsby seconded the motion. The vote was unanimous in favor.
B. Approve resolution of support for Mount Desert Water District Charter revision.
Selectman Coombs recused himself from voting and said, according to Maine Municipal Association, two members could not vote.
MOTION: Selectman Smallidge moved to table the item, seconded by Selectman Suminsby.
Kathy Branch asked if Selectman could conduct a phone meeting because this matter is slated for the legislative board March 8. If a majority of the Selectman could sign the resolution, it would have more power. Town Manager MacDonald said it could be done during the Selectmen's organizational meeting after Town Meeting. Selectman Smallidge said the possibility exists that three people on the Water Committee could be elected to the new Board of Selectmen. He suggested having another Selectmen's meeting before Town Meeting.
George Peckham wanted to know if the PUC is influencing the change
Selectman Smallidge and Mr. Peckham discussed the latter's concern about a conflict of interest if three members of the Water Committee were on the Board.
Responding to Selectman Suminsby, Kathy Branch said the charter requires a minimum of five members.
Edie Dunham said three members of the Water Committee would not be on the Board. The charter change will say that no more than two people can be on the Board of Selectmen.
George Peckham thought the matter should be resolved before Town Meeting.
MOTION: Selectman Smallidge moved for the Board of Selectmen to meet February 23 at 6:30 in Northeast Harbor to address this and any other issues that comes up in the meantime, seconded by Selectman Suminsby. The vote was unanimous in favor.
C. Consider Creation of Comprehensive Plan Committee.
MOTION: Selectman Suminsby moved to create the Comprehensive Plan Committee, seconded by Selectman Smallidge. Responding to Kathy Branch's request for a committee including people from more of the villages, Selectman Suminsby said the individuals on the committee are those who stepped up to the plate. The vote was unanimous in favor.
D. Appoint Comprehensive Planning Committee members; Robert Collins, Robert Coolidge, Gary Fountain, Samuel Fox III, Marla Major, Nicene Pascal, Corey Papadopoli, Mary Renault, Sydney Roberts Rockefeller, Henry Schmelzer, and Kathryn Suminsby.
MOTION: Selectman Smallidge moved to appoint but not limit to the Comprehensive Plan Committee the above names, seconded by Selectman Suminsby. The vote was unanimous in favor.
VIII. General Issues
Carl Kelley asked if the Selectmen were in favor of renewing the lease for the Museum and clarified with them that they had followed the Planning Board's recommendation to do so for three years by which time the Comprehensive Plan would be in place.
The cost of the town report was discussed. It was necessary to order a less expensive cover because color would have boosted the price above the appropriated amount.
IX. Other Business
None
X. Treasurer's Warrants
Signed as presented.
XI Executive Session
None requested
At 7:15, 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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