MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 23, 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, 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 Month Day, Year.
MOTION: Selectman Suminsby moved to approve the minutes of the Regular Meeting of February 17, 2004 as presented, seconded by Selectman Coombs. The vote was 3 to 0. Chairman Savage abstained because he was not at the February 17 meeting.
III. Appointments and Communications
A. Confirm appointment of Sally Merchant as part-time Administrative Officer at a rate of $15.00/hour, effective February 23, 2004.
B. Confirm appointment of John C. Doyle as part-time Administrative Officer at a rate of $15.00/hour, effective February 23, 2004.
MOTION: Selectman Suminsby moved to confirm both appointments as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
IV. Consent Agenda
A. Approve Malt, Spirituous, and Vinous license for The Acadia Corporation D/B/A Jordan Pond House.
MOTION: Selectman Suminsby moved to approve the above license, seconded by Selectman Smallidge. The vote was unanimous in favor.
Kathy Branch asked if there is a way not to renew their license in 2005 if they do not pay their portion of the sewer project. Chairman Savage said he did not recommend the idea. Town Manager MacDonald said he fully expected to have an agreement before October with the National Park Service and they, not Acadia Corporation will be billed.
V. Selectmen Reports
1. Plowing rates per mile and per season were discussed.
VI. Old Business
A. Reconsider tabled resolution of support for Mount Desert Water District Charter revision.
Following questions from Bob Smallidge, Harry Madeira, George Peckham, Ted Bromage, Kathy Branch and Selectmen attempted to recall the history of the formation of the Water District and its acceptance as a quasi-municipal organization.
Mr. Peckham believed the Town as cosigner would be responsible for the Water District's debts if it were to go belly up. Mr. Madeira said the Town voted in a referendum for the quasi-municipal district and sent that to the State Legislature. Kathy Branch confirmed Chairman Savage's assumption that the Water District was formed in order to entitle it to better funding and a tax exemption status. Selectman Coombs said it was organized because the water companies wanted to get out. Ms. Branch said 12 or 14 years ago when the water companies offered to sell the companies to the Town, their offers were voted down. Mr. Madeira recounted the history of the purchase of the Seal Harbor and Northeast Harbor companies.
Speaking about the requested revision to allow Selectmen to serve on the Water District, Selectman Suminsby said he was not comfortable with the concept because of the potential for a conflict of interest. He understood the problem of getting people to volunteer to serve on boards but there are residents who are willing to serve when asked. If the problem is the apathy of the community, that should be addressed. He did not think more of a burden should be put on existing volunteers. Also, the Town Charter protects the interests of the Selectmen by saying they should not stretch themselves too thin by serving on other committees. He did support the concept of having a liaison between the two boards.
Kathy Branch agreed with Selectman Suminsby but said the Water District is unique because those who serve as trustees must live in either Northeast or Seal Harbor. They have had to beg people to run for a seat.
Mr. Peckham did not think the wisdom of the creators of the Charter should be challenged.
Mr. Madeira said the water board has a fiduciary responsibility to the rate payers. They own it and the trustees represent them. The Water District needs the help of Ernest Coombs who is both a trustee and a Selectman who can speak for the Board and for the Town management. He can keep the district informed about what plans the Town has.
Selectman Suminsby noted that the whole Town is not served by the district. He thought a liaison would be a better idea.
Chairman Savage thought the requested change is trying to legislate public apathy. Both charters were specific about addressing the separation of duties of the board and the district, he said
Mr. Madeira said both Ted Koffman and Dennis Damon were in favor of the change but had said they could not put it through the State Legislature without the backing of the Selectmen.
Mr. Bromage saw a potential capital cost scare. As a resident in Somesville, he slept better knowing Selectman represented the whole Town and does not have an ax to grind for the Water District. He liked the separation of the two boards.
Mr. Madeira said the Public Utility Commission regulates the rates and that even those not in the Water District pay 30% of operation costs as taxpayers.
Selectman Suminsby asked if the Water District charter precludes a non-resident of the district from serving as trustee. He suggested allowing a non-resident of the district to serve since the Town pays 30% of the costs.
Selectman Smallidge who lives in Pretty Marsh and is off the water system, said we don't all have to use and benefit by things like roads to invest in them. We're supposed to be one town, he said. He did not think they should take away from the pool of eligible candidates for the boards of Selectmen and the Water District which are actually separated by the PUC. He did not see a conflict of interest.
Bob Smallidge thought it would be unfair to the Board as a whole and unfair to the rest of the Town if two members had to recuse themselves. Not having enough people who volunteer is not a good argument for changing the Charter. He thought Ernest Coombs could serve in the same capacity for consultation as a liaison.
Selectman Coombs said he was still on the Water District Board because no one else wanted to. He did not see a conflict of interest. As far as two people recusing themselves, this Town operated for a very long time with three Selectmen. He said Selectman Damon Pascal had told him on the phone earlier that she did not see a conflict of interest.
Mr. Peckham said he called both Ted Koffman and Dennis Damon. When he got done, both of them were against the change.
Selectman Suminsby was concerned about the perception of a potential conflict of interest which would make it more difficult to make good educated decisions. If the change were to be made, the proper order would be to change the Town Charter, he said.
Chairman Savage said the most interesting thing he'd heard was the option of a non-water user serving on the Water District Board. He did not want to tinker with the charters.
Selectman Suminsby thought the safeguard was put in place by those who drafted both charters to protect us and to make sure the power and influence of the Selectmen would not be restricted by representing other boards. Their resources would be preserved for this Board.
Selectman Smallidge did not think someone serving on one board should be excluded from serving on another one. He said the Charter is a document that from time to time needs updating.
Chairman Savage called for a motion.
MOTION: Selectman Suminsby moved to support the resolution for the Mount Desert Water District Charter revision, seconded by Selectman Smallidge. The vote was 1 in favor of the motion, 2 against it. Selectman Smallidge voted in favor of the motion. Selectmen Savage and Suminsby voted against it. Selectman Coombs recused himself. The motion was defeated.
VII. New Business
Chairman Savage asked for comments about the Warrant and Town Report.
Selectman Coombs asked about line 4307 on page 36 which shows a $50,000 year to date expenditure for a Public Works office. Public Works Director Smith said it was a typographical error.
Responding to Ted Bromage, Chairman Savage said Selectmen had divided the duties of speaking for the items on which Selectmen and the Warrant Committee differ.
Responding to George Peckham, Town Manager MacDonald clarified the wording, recommended by the auditor, for the settlement for John Doyle's retirement. He anticipated that, in Town Meeting, the Board would move to adjust the number. Article 55 will be taken out of order and put just before Article 24. Mr. Peckham was also concerned that the Board and the Warrant Committee had different recommendations for a large number of articles. He also noted that Selectmen had doubled their salaries.
Selectman Suminsby said the Ordinance Review Committee has drafted some visual aids showing cluster and cluster work force housing and confirmed with the other Selectmen that it would be appropriate to have the presentations at Town Meeting. Kathy Branch suggested providing maps indicating where the changes would be made.
Ms. Branch reported that the cable company running lines between Northeast and Seal Harbor
was allowing a lot tree limbs to land in the road and were not picking them up.
VIII. General Issues
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IX. Other Business
Chairman Savage reminded those present about elections on Monday, March 1 and Town Meeting on Tuesday, March 2
George Peckham asked if anything in the Charter spoke to the absenteeism of Selectmen. Town Manager MacDonald said it does not.
X. Treasurer's Warrants
Signed as presented.
XI Executive Session
None requested
At 7:28, 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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