Board of Selectmen Meeting, August 2, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, August 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, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Will Boddy, Finance Director Michael Chammings, 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 Meeting of July 19, 2004.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of July 19, 2004 as presented, seconded by Selectman Smith. The vote was unanimous in favor.
III. Appointments and Communications
A.~~~~~~Confirm appointment of Jeremy Larrabee as part-time Police Patrol Officer, effective August 3, 2004 at an hourly rate of $10.00, increasing to $11.00 upon successful completion of Field Officer Training.
Town Manager MacDonald said Officer Larrabee will be with Officer Edgecomb for on the job training before he is out there by himself. This will be his Field Officer Training.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~MMA Risk Management Services estimate of 2004-2005 property and casualty insurance premium.
No action required. Selectmen did not recommend dropping any coverage.
C.~~~~~~Notice of Municipal Review Committee Board meeting and update on West Old Town landfill licensing.
No action required. Town Manager MacDonald said they were working on adjusting the Town’s annual guaranteed tonnage.
D.~~~~~~Acknowledge receipt of $2,248 property and casualty insurance dividend from MMA.
Town Manager MacDonald said the Town earned the dividend because it had a loss ratio of 50% or less for the year. No action required.
E.~~~~~~Acknowledge receipt of Acadia Disposal District minutes for May 20, 2004, June 3, 2004, and June
17, 2004.
Public Works Director Smith said the possible transfer site in Town Hill is essentially land locked now by development. It is one of 3 or 4 options that ADD is looking at for a possible transfer station. They think the initial $5.2 million dollars price for EMR is too high.
F.~~~~~~Acknowledge receipt of Weekly Construction Summary – Seal Harbor WWTP Upgrade for W/E 7-12-04
G.~~~~~~Acknowledge receipt of Weekly Construction Summary – Seal Harbor WWTP Upgrade for W/E 7-19-04
Public Works Director Smith gave a quick summary of the above. McQuinn is working on Grover Ave. and the foundation for the pump station.
H.~~~~~~Acknowledge receipt of Long Pond fishery response from Inland Fishery and Wildlife Commissioner Martin.
Chairman Savage said the Board had sent a request initiated by Dennis Smith for creating high quality fisheries in Long Pond. The above letter basically told them to mind their own business.
Town Manager MacDonald said Mr. Smith is interested in asking the Board if he can put a petition in the Town Office. Every signature has to be witnessed.
Chairman Savage said that as it stands right now, the Board has no influence in the matter.
I.~~~~~~Acknowledge receipt of Traffic Committee meeting minutes for July 14, 2004.
Selectman Coombs asked about a stop sign recommended on Oak Hill Road at Whitney Farm Road. Chairman Savage wanted input from Police Chief Willis before taking any action.
Selectman Coombs said when speed bumps were used a number of years ago they were removed the night after they were put in place. They were never returned and were very expensive.
IV. Consent Agenda
None
V. Selectmen Reports
Selectman Smallidge relayed to Public Works Director Smith a request from a Somesville resident to check out erosion around the beach and ramp at Pond’s End Landing.
VI. Old Business
A.~~~~~~Reconsider resignation of Assessor, John Brushwein.
Town Manager MacDonald said Assessor Brushwein had sent a letter indicating that a he would like to continue working for the Town and asking the Board to reconsider his resignation.
MOTION: Selectman Smith moved to reconsider accepting the resignation, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: Selectman Smallidge moved to accept John Brushwein’s resignation, seconded by Selectman Coombs. The vote was none in favor, 4 opposed.
B.~~~~~~Reconsider election/appointment to vacant Selectman’s seat. ~(Smith)
Selectman Smith said his major objection to appointing a 5th Selectman was the method of selection. He read two of several comments he had received. One said that the Board seemed to manage very well since the recent resignation. The other said the choice should be by vote in a competitive election. Mr. Smith was uncomfortable with someone sitting on the Board who was not elected. He wanted a little more time to think about the matter.
Thinking about precedents, Selectman Smallidge confirmed with Jean Bonville that Bob Suminsby’s seat was left vacant until Town Meeting. Jim Bright said Jerry Suminsby ran for the one term vacancy in March and won. Mr. Smith said if things are getting deadlocked with 2 – 2 votes, then they would have to do something.
Selectman Coombs thought that if the Town voted to have 5 Selectmen, it should have 5. He was not sure the Board should be going into budget time with only 4 Selectmen. Maybe an election could be held in November.
Chairman Savage thought it would be wrong for the Selectmen to chose by prior votes and was opposed to special town meetings unless for an emergency. Even if the process were started that day, it would be 60 days before anything could be done about it. Mr. Bright encouraged the Board to hold to their decision. When Bob Suminsby died, the Board had no problems then making decisions with four people.
MOTION: Selectman Smith moved not to reconsider, seconded by Selectman Smallidge. The vote was 3 to 1. Selectmen Savage, Smallidge and Smith voted for the motion; Selectman
Coombs voted against it. The motion carried.
C.~~~~~~Approve position paper on use of additional revenue received from State.
Selectman Smallidge said the letter stated the Selectmen’s stand on the results of Referendum #1 by which State funding of 55% of educational costs was overwhelmingly approved. He thought the amount that this Town would receive would be about $450,000. He believed every effort should be made to send that money back to the voters. He spoke against the Palesky Proposal.
Selectman Coombs said the money should be turned back to the voters for property tax relief.
After discussion between Selectman Smallidge, Gerard Haradan and Mr. Bright, Chairman Savage said he liked Selectman Smallidge’s idea but that he recommended that the Board not enter into State and Federal politics. He thought the Board would do a better service to the citizens if, when it does the budget process, it makes sure they are not faced with another huge 8 to 11% tax increase.
MOTION: Selectman Smallidge moved to endorse the document as a declaration of intent. No one seconded the motion.
D.~~~~~~Consider status of Otter Creek Fire Station.
Town Manager MacDonald summarized the Selectmen’s thoughts that the fire station was not absolutely necessary. In order for the property to revert back to Paul Richardson, its owner, the Town Attorney indicated that, under the terms of the deed, the Town would only have to declare that the building is no longer being used for fire purposes. If he ever wanted to sell that piece of property it would be clearer if the Town, at a Town Meeting, voted to return the property to Mr. Richardson on a quit claim deed. He recommended that the Board adopt a resolve and that a Warrant Article be placed on the 2005 Town Meeting Warrant.
Fire Chief Farley thought the decision to close the fire station was a knee-jerk reaction because the furnace isn’t working. He thought there needs to be a plan and that folks in Otter Creek should have the opportunity to give some community input. He said there has not been much activity there and that Otter Creek members of the fire department have not checked the equipment since last October. Selectman Coombs was under the impression that closing the station was part of the plan. Chairman Savage did not think it was a knee-jerk reaction. The building is falling down and the concrete floor is collapsing. He said Selectmen declared the building obsolete months ago.
Selectman Smallidge thought Fire Chief Farley was looking to close the building politically without ruffling feathers. There would still be time to get it on the Warrant.
Chairman Savage did not want to delay. The building does not meet the needs of the Town. He liked the idea of taking it to the Town Meeting to clean up the deed for the Richardsons.
Selectman Coombs said although the Board and the Chief were in agreement about what should happen to the building, he would be more than happy to listen to input from Otter Creek. If there was input coming, it would have but Selectmen should publicize it and ask for input.
Selectman Smith agreed with Chairman Savage.
Town Manager MacDonald said Selectmen would declare their intent and the Town Meeting would have the authority to give a clean deed back to the Richardsons.
Fire Chief Farley said he needed clear direction if the building is going to be closed.
Selectman Smallidge said he wanted Fire Chief Farley’s input within the month to be able to put in a resolve. He thought Selectmen should give him time but set a definite date for their vote.
MOTION: Selectman Smith moved to resolve that the Selectmen recommend the return of the Otter Creek Fire Company Station to the Richardsons, seconded by Selectman Coombs. Chairman Savage added an amendment to the motion that Selectmen follow Town Manager MacDonald’s procedure to give them a clear deed. The vote was 3 to 1. Selectmen Coombs, Savage and Smith voted for the motion, Selectman Smallidge voted against it. The motion carried.
VII. New Business
A.~~~~~~Award 2004-2005 heating and fuel oil contract.
MOTION: Selectman Coombs moved to award the bid to the low bidder, Walls Coal Company, seconded by Selectman Smallidge. The vote was unanimous in favor.
B.~~~~~~Consider Seal Harbor Fire Station roofing replacement bids.
Chairman Savage excused himself from comments and voting.
Selectman Smith noted the huge discrepancy between the high and the low bidder.
Town Manager MacDonald was not comfortable with the low bid of $12,500. He had checked into the costs of the shingles and did not think the amount would cover all the expenses that would be incurred. Selectman Smith thought the high and the low bids were unreasonable and wanted to look more closely at the two middle bidders. Selectman Smallidge was concerned that bidders were interpreting the contract in different ways. He wondered if the low bid was only for a portion of the roof. Public Works Director Smith suggested going over the package with whichever bidder the Selectmen were interested in. Selectman Smith suggested speaking with Bradley Hamor to see what he can and will do.
MOTION: Selectman Smallidge moved to confer with Bradley Hamor Custom Carpentry to review the bid to be sure it is fully understood and to award the bid pending satisfaction of the bid specifications, seconded by Selectman Smith. The vote was 3 to 0. Selectmen Coombs, Smallidge and Smith voted for the motion, Chairman Savage abstained. The motion carried.
C.~~~~~~Consider request to write to State Representative and Senator to urge support for environmental grant and loan programs.
MOTION: Selectman Smith moved to write to Rep. Koffman and Senator Damon urging support for environmental funding, seconded by Selectman Smallidge. The vote was unanimous in favor.
Chairman Savage asked Town Manager MacDonald to write the letter.
D.~~~~~~Approve sale of Fire Department surplus equipment (air system) to Woolwich Fire Dept. ~Proceeds from sale to be credited to Reserve Account #2829, Fire Equipment Reserve.
MOTION: Selectman Coombs moved to authorize the above sale for $3,000 and to credit the proceeds as indicated above, seconded by Selectman Smith. The vote was unanimous in favor.
E.~~~~~~Respond to request for comment – Conservation Easement, Peter H. & Lucy Bell N. Sellers to Maine Coast Heritage Trust, Map 7, Lot 99, to Acadia National Park.
Selectmen decided they had no comment to send to the National Park Service.
VIII. General Issues
A.~~~~~~Maine Healthy Beaches update on status of Seal Harbor Beach.
Town Manager MacDonald reported that he received the results Friday morning from the Thursday tests by the Public Works Dept and Waste Water people. The counts on all three locations in Seal Harbor Beach were too numerous to count. This was the first time this has happened in all three locations tested on the beach. The numbers were up significantly in Stanley Brook. As Health Officer, he said once they’ve reached these levels, the beaches could be posted as closed to swimming. Signs were posted on the beach. The results from Friday’s tests were still elevated. If the results from Monday’s tests show the numbers are down, the signs will be removed. The counts in the brook are four times the closure level. The Town does not have the authority to prohibit
swimming, it can only advise.
Public Works Director Smith said some of these high counts typically follow rain. He said there are no leaks in the treatment plant construction.
Possible sources of the contamination were discussed. Chairman Savage said Town Manager MacDonald had done the right thing.
B.~~~~~~Review Additional Duties assigned to Town Staff
Chairman Savage said the Board recognized that John Brushwein had been assigned a great many duties in the Town. A lot of them will need to be reassigned.
Town Manager MacDonald has asked the staff to provide details on activity amounts.
Chairman Savage wanted the topic to stay on Selectmen’s agendas until they resolve it. He asked for input from the staff, Town employees, the Board and Town Manager MacDonald.
IX. Other Business
Edie Dunham Crowley gave an update of the County budget evaluation. The biggest problem is that the Town funds a lot of the Sheriff’s Department and gets very little of his services. Solutions are being explored. She would like people to contact her if they have ideas about how to fund that department.
Mrs. Bonville asked if any determination had been made on how the Palesky Proposal would affect this Town. Finance Director Chammings said it would have very little effect. Selectman Smallidge said he had seen two figures for the Town. Maine Municipal Association had said there would be approximately $800,000 loss in revenue.
X. Treasurer’s Warrants
Signed as presented.
XI Executive Session
None requested
At 8:05 pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeff Smith,
Secretary
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