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Selectmen's Meeting Minutes - 06/07/2004
Board of Selectmen Meeting, June 7, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 7, 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, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, Harbor Master Will Boddy, Finance Director Michael Chammings, Code Enforcement Officer Brent Hamor, Fire Chief Chris Farley, Recording Secretary Ellen Kappes  and members of the public.

Call to order.

Chairman Savage called the meeting to order at 6:30 p.m.

Minutes

A.      Approval of minutes of Regular Meetings of May 17, 2004 and May 27, 2004.

MOTION:  Selectman Smallidge moved to approve the minutes of the Regular Meetings of May 17, 2004 and May 27, 2004 as presented, seconded by Selectman Coombs.  The vote was unanimous in favor.

III.    Appointments and Communications

A.~~~~~~Approve appointment of James Bright to Board of Assessment Review.

MOTION:  Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs.  The vote was unanimous in favor.

B.~~~~~~Approve appointment of Jerome Suminsby to Investment Committee.

MOTION:  Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs.  The vote was unanimous in favor.

C.~~~~~~Approve appointment of Jane Lee Vris to Zoning Board of Appeals

MOTION:  Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs.  The vote was unanimous in favor.

D.~~~~~~Confirm appointment of Samantha Shaak as Seasonal Parking Enforcement Officer effective June 14, 2004 at an hourly rate of $10.00.

MOTION:  Selectman Coombs moved to approve the above appointment, seconded by Selectman Smallidge.  The vote was unanimous in favor.
E.~~~~~~Confirm appointment of George Scharoun as Seasonal Buildings and Grounds Maintenance employee, effective June 8, 2004 at an hourly rate of $11.00.

MOTION:  Selectman Smallidge moved to approve the above appointment, seconded by Selectman Smith.  The vote was unanimous in favor.

F.~~~~~~Acknowledge receipt of MDOT notice of award of contract.

No action was required for the MDOT contract with Lane Construction Corp.

G.~~~~~~Acknowledge receipt of Seal Harbor Wastewater Treatment Plant upgrade “Weekly Construction Summary.”

No action was required.

H.~~~~~~Summary of Clean-Up Week costs.

Public Works Director Smith said the total cost for Clean Up Week was $17,667. He and Selectmen Coombs and Smallidge agreed that it was a worthwhile project.  
 
I.~~~~~~Department Head monthly reports.

No action was required.

IV.     Consent Agenda

None

V.      Selectmen Reports

A.~~~~~~Fire Station Utilization (Chairman Savage)
Chairman Savage encouraged the rest of the Board to present their findings on the recent study.  
Selectman Coombs was not in favor of moving the police, fire and dispatchers to Seal Harbor.  He agreed the building is underutilized and has considerable office space.  He thought Public Works Director Smith might have an office there.  Public Works Director Smith said he was content where he is. Selectman Coombs said there is quite a lot of walk in traffic in the Northeast Harbor building after hours and at night. All these departments work together with the ambulance.
Public Works Director Smith suggested freeing the Northeast Harbor meeting room for office space and having Selectmen meetings in Seal Harbor and Somesville only.  He said it is more effective to have the department offices closer together.  That was why he moved his office from the highway garage to the Northeast Harbor sewer treatment plant.
Chairman Savage said the Somesville building is bursting at the seams and that the Northeast Harbor building is almost maxed out.  The Seal Harbor building gets ignored.
Selectman Smallidge was reluctant to put the police in Seal Harbor but said he could support the idea of Fire Chief Farley and Public Works Director Smith using office space over there.   It could be dedicated as a public safety building.  He wanted the dispatchers to stay in Northeast Harbor mainly because of the walk-in traffic and its correlation with law enforcement.
Selectman Smith did not want to see the meeting room used for office space. It has been the meeting room since Curtis Blake donated it.  He thought the police, dispatchers and ambulance should stay in Northeast Harbor but he did not think it would hurt the quality of service to the Town to put the Fire Department and Public Works in Seal Harbor.
Chairman Savage was flabbergasted that the Town chooses not to use the Seal Harbor building with its good office space, meeting rooms and toilet facilities.  He thought it could be made to feel like a community building.  Selectman Smith noted that the Somesville building was built by a private company while Seal Harbor’s was built at public expense.
Fire Chief Farley said the down side to moving his department to Seal Harbor would be that 8% of the calls are from Seal Harbor, 4% are from Otter Creek, 56% are from Northeast Harbor and 21% are from Somesville.  Responding to Selectman Smith, he said where the physical office space is will affect response time.  
Public Works Director Smith said he is responsible for 14 people.  He couldn’t get much farther away from them than Seal Harbor.  He spends a lot of time interacting with other department heads and would prefer to stay in Northeast Harbor.
Chairman Savage said they were all very mobile and have communication abilities.  They could spend time on the road.
Selectman Coombs agreed that the Northeast Harbor meeting room should remain as it is.  He talked about adding on to the Northeast Harbor building.  He and Chairman Savage discussed the expense of expansion.  Chairman Savage thought Selectmen should talk a long hard look at what the Town already has before raising any more money for physical expansion.
Selectman Smallidge thought the Seal Harbor building could be used for training purposes. If Fire Chief Farley’s office space were in Seal Harbor, that would not mean he had to be there all the time.
Selectman Smallidge mentioned the delay in getting an estimate from CES for raising a door to make room for a new larger fire engine.  Selectman Smith suggested getting an estimate from someone local. The work needs to be done. Town Manager MacDonald said he would contact someone else but would feel more confident getting a person with credentials to identify what needs to be done.  Chairman Savage thought the original architectural firm could be consulted.
Chairman Savage brought up the disposition of the Otter Creek building. Town Manager MacDonald thought the deed for it indicates that if it is not used for fire purposes, it reverts to the Richardson family.  He thought it might take a declaration by the Board with the acquiescence of the Fire Chief to the effect that the building is no longer necessary as part of the fire protection assets of the Town.  Fire Chief Farley wanted to have a chance to discuss the idea with the Fire Department.  They should be involved with this, he said.
Chairman Savage asked about selling the vehicles that are no longer being fully used. He thought it would be sensible to sell one of them before it breaks down.  Fire Chief Farley wanted to involve the fire department about the equipment too.  
Town Manager MacDonald noted that Fire Chief Farley would have a recommendation for the Board before its next meeting after talking to the fire fighters for their input on the Otter Creek station and any pieces of mobile equipment that they could do without.  
Selectman Coombs asked about the fire hydrant no parking markings.  Public Works Director Smith said they are on the list of things to be done.

B.       Selectman Smith asked if Selectmen are considered Town officers or officials. His wife is on the Zoning Board of Appeals.  Town Manager MacDonald said Selectmen are municipal officers. The by law that is part of the ordinance for the Zoning Board of Appeals prohibits spouses of municipal officers from serving on that Board. Therefore one of the two would have to resign.  The Zoning Board of Appeals is the only board with that stipulation.

C.       Selectman Smallidge reported on a recent Operations Assessment Committee meeting of the County to continue the discussion of County services.  The most glaring discrepancy occurs in the Sheriff’s Department.  Mount Desert, Bar Harbor, Southwest Harbor and the Cranberry Isles fund approximately 1/3rd of the Sheriff’s budget but in return receive less than 1 % of the services. The dispatch service provides little or no service to the Island.  Budgeting for it is $390,000 as opposed to the $165,676 to fund this Town’s service.  The sheriff and dispatch services seemed to be redundant or unnecessary to him.  The legality of a user fee for the Sheriff’s department is being researched.

D.       Chairman Savage said Selectmen had asked Town Manager MacDonald to find contingency funding for benches.  Town Manager MacDonald said the Northeast Harbor VIS will donate 4 benches, basically a homeowner type, to the Town.  He recommended putting them in less heavily traveled areas.  He recommended a plastic commercial type with cast iron arms for the for the marina area.  The only contingency money in the budget is in the Selectmen’s contingency account with $7,500 in it.  Harbor Master Boddy thought money would be better spent on other problems in the area than park benches. He said patching needed to be done in the parking lot. Town Manager MacDonald said the benches are $650 each. Shipping would bring the total needed to $3,500.

MOTION:  Selectman Smallidge moved to remove $3,500 from the Selectmen’s contingency fund # 0403 2903 to purchase benches, seconded by Selectman Smith. The vote was unanimous in favor.

E.      Selectman Smallidge said he attended an informative Drug Task Force meeting in Southwest Harbor.  He learned that the State does not plan on funding the Task Force in two years. Police Chief Willis said the next meeting of Hancock County police chiefs and Senator Damon will be will be a planning session in Northeast Harbor.  

VI.     Old Business

A.~~~~~~Respond to request from Harold MacQuinn, Inc. to extend Route 3 force main work period an additional two weeks to June 27, 2004

Town Manager MacDonald said the project manager called that day to withdraw the above request.  They will clean up and start paving, hopefully to be done by Sunday, June 13.

B.~~~~~~Reauthorize expenditure of $115,754.00 from account R2875 Public Works Equipment Reserve for purchase of street sweeper.

MOTION:  Selectman Smith moved to reauthorize the above expenditure, seconded by Selectman Smallidge.  The vote was unanimous in favor.
Public Works Director Smith said the bill has not yet been paid because the sweeper is not running right.  It is leaving a trail of dirt behind it.  A service manager from the supplier could not figure out what was wrong with it last week.  They have contacted the manufacturer.

VII.    New Business

B.~~~~~~Respond to request from Dobbs Productions to use Mount Desert Public Access channel 2 to broadcast “The Acadia Channel.”

Chairman Savage took the above item out of order because Jeff Dobbs was at the meeting.
Mr. Dobbs said the Public Educational Governmental system (PEG) is now available to the Town.  He described his programming and said he is working with the high school. The towns are now hooked to the same hub which is by the high school.  He has to ask each town for permission to use the Mount Desert Public Access Channel 2.  For the short term, his request is for the next year. His company is still trying to develop an island-wide cable group for the long term.  His company is now running their programming, The Acadia Channel, which is lease access and can be done by public access with the consent of the towns.  

MOTION:  Selectman Smith moved to grant Dobbs Productions permission for the above request, seconded by Selectman Coombs.  The vote was unanimous in favor.

Mr. Dobbs said a letter of notification should be sent from the Town to Adelphia.

A.~~~~~~Grant and sign easement to Bangor Hydro Electric Company to place two anchors and guys adjacent to poles #84 and #87 on Sound Drive (Schoolhouse Ledge).

MOTION:  Selectman Smallidge moved to grant the above request and sign the easement, seconded by Selectman Coombs.  The vote was unanimous in favor.

Public Works Director Smith said the DOT asked for an addition of 7 feet on Route 198 to accommodate Bangor Hydro’s resetting of the poles and power lines.

MOTION:  Selectman Smith moved to grant the DOT an additional 7 feet of space on the right of way on Pond Hill, seconded by Selectman Coombs.  The vote was unanimous in favor.

C.~~~~~~Authorize release of funds for Horace and Mary Reynolds scholarship.

MOTION:  Selectman Smith moved to authorize the above release of funds, seconded by Selectman Coombs.  The vote was unanimous in favor.  

Jean Bonville said the amount should be identified.
MOTION:  Selectman Smith moved to amend the above motion to authorize the release of up to $1,000 for the fund, seconded by Selectman Smallidge.  The vote was unanimous in favor.

VIII.   General Issues

A.~~~~~~Continue discussion on security and surveillance at Marinas.

Harbor Master Boddy reviewed possible proposals for Northeast Harbor, Seal Harbor and Bartlett’s Landing.  He wanted to see at least a clear picture of people coming and going over the bridges. The cheaper of the two proposals has no phone lines and no remote access.  Additional costs would be incurred for viewing from the municipal building. He thought the Town could start with Northeast Harbor.  Wires would have to be run to the lamp posts on the piers. He described possible methods.  He did not yet have estimates for the hard wire.  
Police Chief Willis said some funding might be available from Homeland Security.
Harbor Master Boddy said ADT and Northeast Burglar and Fire Alarm were the only two respondents. He had contacted a number of companies on the internet.  Police Chief Willis said the Town would want to hire someone it could trust who is available to get here when needed.
Chairman Savage thought Board members had agreed that they wanted to move ahead with the project.  Police Chief Willis will work with Harbor Master Boddy to formulate what will be needed.  Chairman Savage asked them to have a recommendation for next year’s budget by the first of October.

B.~~~~~~Consider part-time temporary employee for Town Office.

Town Manager MacDonald said there is a need for more help in the office.  $1,700 is left in an account for part time help.  Finance Director Chammings wanted to release funds for helping with catching up on a number of projects.

MOTION:  Selectman Coombs moved to authorize the expenditure of $1,700 for part-time office assistance, seconded by Selectman Smith.  The vote was 3-1 in favor, Selectman Smallidge opposed.

C.~~~~~~Schedule Annual Meeting with town employees.

Town Manager MacDonald said it makes sense to have the meeting before the budget process begins in mid-September so that employees can indicate what they would like.  He was instructed by Selectmen to set up a meeting.

IX.     Other Business

A.~~~~~~Consider revision to use of Credit Reserve as a revenue and consider establishing an “Undesignated Fund Balance (Surplus) Policy” to comply with GASB 34 guidelines.

Finance Director Chammings explained the current practice for the Town’s credit reserve account.  He wanted to hear Selectmen’s reactions to his suggestion to review it and present them with alternatives.
Town Manager MacDonald reviewed a chart showing a 10 year history of the Undesignated Fund Balance that comes out of the audit reports.  
Mrs. Bonville said the Town’s surplus is limited to $100,000, because when it gets ready to borrow money for tax anticipation, anything that isn’t designated must be used as cash. Any funds put as surplus must be used.
Finance Director Chammings said the funds would not be named as surplus.  If the credit reserve gets quite high, perhaps the funds could be put into the other designated fund balance reserves. He thought it was important to monitor the credit reserve amounts.
Selectman Smallidge asked if the Town’s credit rating is affected by the amount of reserves.  Finance Director Chammings said the Town used the bond bank’s credit rating.  He said right now he was just looking at keeping the fund at a reasonable amount.  If it’s capable of funding some reserves, that could be done.
Town Manager MacDonald said they would develop a more comprehensive proposal if Selectmen wanted it.
Selectman Coombs was concerned about taking something – where the reserves go - away from voters at Town Meeting.  Mrs. Bonville said Selectmen did not have the option to take that away from Town Meeting.  If the Town is finished with a reserve and funds remain in it, closing it requires a vote at Town Meeting.
Chairman Savage thanked Finance Director Chammings for the information.

X.      Treasurer’s Warrants

Signed as presented.

XI      Executive Session

 Pursuant to Title 1, MSRA, Ch. 13, §405.6(A), Personnel, Town Manager mid-year evaluation

MOTION:  At 8:05, Selectman Smallidge moved to go into executive session, seconded by Selectman Coombs.  The vote was unanimous in favor.

MOTION:  At 9:00 PM, Selectman Smallidge moved to return to the regular session, seconded by Selectman Coombs.  The vote was unanimous in favor.

At 9:01 PM, Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor

Respectfully submitted,



Jeff Smith,
Secretary