Board of Selectmen Meeting, October 4, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 4, 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; Police Chief James Willis, Assessor John Brushwein, 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 September 20, 2004.
MOTION: Selectman Smallidge moved to approve the minutes of the Regular Meeting of September 20, 2004 as presented, seconded by Selectman Smith. The vote was 3 to 0. Chairman Savage abstained because he was not at that meeting. The motion carried.
III. Appointments and Communications
A.~~~~~~Approve appointment of Michael R. MacDonald as Tax Collector.
Town Manager MacDonald said the temporary appointment was necessary to recommit the taxes. He confirmed Chairman Savage’s belief that the appointment was a legal responsibility.
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Approve appointment of Michael R. MacDonald as Treasurer
Town Manager MacDonald said this would allow him to appoint deputies who do all the work.
MOTION: Selectman Smith moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Approve appointment of Joelle Nolan as Warden for November 2, 2004 General and Referendum
MOTION: Selectman Coombs moved to approve the above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
D.~~~~~~Acknowledge request for comment from Bureau of Submerged Lands on application of Richard Estes regarding his docking structure in Northeast Harbor.
Town Manager MacDonald said this had to be posted for 14 days.
E.~~~~~~Harbor Master comment on Estes docking structure.
Town Manager MacDonald said Harbor Master Boddy had no comment. Selectmen had no comments on item D. No action was necessary.
F.~~~~~~Bar Harbor Planning Board notice of Major Site Plan Application for Subdivision on Oak Hill Road.
Town Manager MacDonald said the subdivision would be right on the Mount Desert Town line. He sent the notice to the Planning Board and CEO Hamor. Assessor Brushwein said it is a pretty straight forward 5 lot subdivision that will have no impact on this Town.
G.~~~~~~Letter to Woodard and Curran authorizing fire protection water study for Ox Hill
Town Manager MacDonald said the Town is working with the Water District and Fire Chief on how to get adequate fire protection to the top of Ox Hill in Seal Harbor. The contract with Woodward and Curran is for preparing a series of options on how to accomplish that. It would not be a cost responsibility of the Town to put the water system in. It would provide the residents on the hill with information on what they could do instead of putting individual tanks up there.
Chairman Savage advised being careful about how deeply the Town gets involved a situation like this without considering other areas in Town such as those needing sewer lines.
Kathy Branch said the Water District had been discussing this with several of the residents on the Hill. It is their understanding that the cost will be divided among the abutting neighbors.
H.~~~~~~Weekly Construction Summary for Seal Harbor Treatment Plant Upgrade for week ending 9-17-04, 9-24-04.
I.~~~~~~Letter from Mooring Agent Kerry Taylor indicating results of 2004 season, including payment to Town of $18,976.75.
Town Manager MacDonald said the harbor fees are down from last year but the new longer float at the end allows for larger boats there, mitigating the impact of the loss of revenue. He said Ms. Taylor has been doing a good job.
J.~~~~~~September Appropriation Control Report.
IV. Consent Agenda
None
V. Selectmen Reports
A. Formation of citizen committee to review County services and investigate secession from Hancock County. (Smallidge)
Selectman Smallidge reviewed the Bar Harbor Town Council’s vote to request their Town Manager to study their appropriation and Tremont’s expression of interest but no formal action. He could not ask this Town’s staff to do this kind of work due to the finance administrator’s position being vacant. He asked Selectmen instead for the formation of a secession committee whose first task would be to establish a concrete figure for the ratio of the Town’s County appropriation to the value of returned services thus giving the Town hard evidence of the need to secede or not. He said the Town’s appropriation has nearly tripled in the past 11 years.
Selectman Smith asked if since 1821 any of the 16 counties in Maine had ever seceded from a county. Was there legal precedent? He wondered if it was legally not possible to secede and wanted a legal opinion.
Chairman Savage suggested changing the title of the committee by leaving out the word secession. He agreed with the concept but did not think Selectmen were authorized to proceed without a vote at Town Meeting. He thought it was wise to look into all the information available for presenting it to the public to enable a better decision. Proceeding now with the idea that the Town is going to secede is giving the wrong message, he said.
Possible effects of the Palesky referendum were discussed.
Selectman Smallidge said he was not asking for secession but was asking for that first hard number that says here is what we send, here is what we get.
Selectman Smith said a real scrutiny is long overdue. George Peckham thought the matter would eventually have to go to the State Legislature but that the mindset in this Town is reluctant to push anything that far.
Selectmen agreed to a minimum of 5 and a maximum of 10 on the committee. Selectman Smallidge said most of the information is already out there. Town Manager MacDonald suggested calling it the County Services Committee.
MOTION: Selectman Smallidge moved to approve the formation of a citizens’ committee to review the ratio of Mount Desert’s County appropriation to the return value, seconded by Selectman Smith. The vote was unanimous in favor.
B. Selectman Smith asked for a follow up on Pond’s End. Town Manager MacDonald said $22,000 is in the proposed buildings and grounds budget - $7,000 for the concrete and planks and $15,000 for the riprap.
C. Chairman Savage asked if there had been a formal response to the Ripples Road letter requesting keeping the road open in the winter. He and Selectman Smith thought Selectmen should make a formal response that the answer is no because of the large expense.
VI. Old Business
None
VII. New Business
A.~~~~~~Recommitment of Taxes to Michael R. MacDonald, Treasurer.
Town Manager MacDonald said one of the four forms for Selectmen’s signatures was a recommitment of the taxes to him in the amount of $656,307.82. Another would relieve Michael Chammings of the obligation to collect the outstanding taxes for years 2002 – 2004.
MOTION: Selectman Coombs moved to relieve Michael Chammings of the tax obligation and to transfer the responsibility to Town Manager MacDonald, Treasurer, seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Accept bids for surplus fire truck and equipment.
Fire Chief Farley said he did not think the Town could do any better.
MOTION: Selectman Smith moved to accept the highest bid of $4,300 from Paul Renault, Jr. and Joseph Renault, III, seconded by Selectman Smallidge. The vote was unanimous in favor.
Selectman Smallidge requested confirmation that the money goes back into the General Fund.
Town Manager MacDonald said Selectmen do not have the authority to put the money into the fire equipment reserve account. The proceeds of the sale could be put in a deferred revenue account and that item could be put on the 2005 Town Warrant. The funds will be put in a deferred revenue account.
VIII. General Issues
A.~~~~~~Reschedule BOS budget meetings to Northeast Harbor.
Town Manager MacDonald said there was a convenience factor for this request because the information and copy machine are in the Town Office.
MOTION: Selectman Coombs moved to reschedule the remainder of the 2004 meetings to Northeast Harbor, seconded by Selectman Smith. The vote was unanimous in favor.
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.
Town Manager MacDonald said at the end of the fiscal year, the Town puts the undesignated fund balance, except for $100,000, into a credit reserve account and shows it as a revenue which it is really not. It really is taking money from surplus and using it to reduce taxes. He wanted to make that clear to residents. He suggested consideration of a method that Bar Harbor uses which involves using surplus to finance capital projects. When the new Finance Director comes on, he could take a look at how to inform the public about where the money is coming from.
No action was necessary.
Chairman Savage asked about two memos included in Selectmen’s packets. One was about new vehicles for the highway department and the other was Acadia Disposal District resolutions to remove cardboard from the waste stream and to start a pay to throw program.
Town Manager MacDonald said the items will be on the next meeting’s agenda.
X. Treasurer’s Warrants
Approve and sign Treasurer’s Warrant # 88 for $903,267.37 and #89 for $94,136.52.
Town Manager MacDonald said one of the warrants includes the first checks for the Rural Waste Water Support totaling $79,000.
Signed as presented.
XI Executive Session
Executive Session –, Pursuant to Title 1, MSRA, Ch. 13, §405.6(A), Personnel, Town Manager annual evaluation
MOTION: At 7:05 pm., Selectman Smith moved to go into Executive Session, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: At 8:10 pm, Selectman Smallidge moved to return to Regular Session, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: At 8:11 pm, Selectman Coombs moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Jeff Smith
Secretary
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