Board of Selectmen Meeting, December 20, 2004
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 20, 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, Selectmen Ernest Coombs, Patrick Smallidge, Jeff Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Finance Director Brent Hamor, 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 December 6, 2004 and December 13, 2004.
MOTION: Selectman Smith moved to approve the minutes of the Regular Meeting of December 6, 2004 and December 13, 2004 as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
III. Appointments and Communications
A. Confirm appointment of Keith Saunders as regular Police Patrol Officer, effective December 31, 2004 at an hourly rate of $13.50, increasing to $14.18 after successful completion of MCJA Basic Law Enforcement Training Program.
MOTION: Selectman Smallidge moved to approve the above appointment seconded by Selectman Smith. The vote was unanimous in favor.
B.~~~~~~Appoint Kathleen M. Branch to Solid Waste Committee.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Coombs. The vote was unanimous in favor.
C.~~~~~~Acknowledge receipt of Seal Harbor Wastewater Treatment Plant Upgrade Weekly Construction Summary December 3, 2004 and December 10, 2004 . Acknowledged
IV. Consent Agenda
None, but Town Manager MacDonald asked if this section could be removed from the agenda since it is rarely used. Chairman Savage advised leaving it as it is.
V. Selectmen Reports
Employee Health Insurance cost and premium participation. (Smallidge)
Selectman Smallidge said he realized that the previous week, Selectmen said they would remove this subject from the table. He did not think the Town could afford to wait to change the current health insurance program which needed to be dealt with now. He had spoken with a number of business owners in town who thought 100% coverage was a lot and were appalled that the Town offers 100% for families. Many tax paying citizens do not come close to being able to afford health insurance. He wanted to see a 10% for the employees and their families.
Selectman Coombs did not think 10% would be able to save the Town much money Trying to treat employees right had advantages. Change is inevitable but he did not want to see it this year. Town Manager MacDonald said the amount saved would be about $43,000, about a nickel on the mil rate. Edie Crowley said the Police Chief had pointed out a few weeks ago that it is hard to keep people employed at less pay than other towns.
Selectman Smallidge was concerned about taxpayers on Social Security and fixed incomes.
Chairman Savage said this issue had always been on the back burner in his mind although he thought discussion had been put off until too late a date. He wondered if the insurance seemed like standard operating procedure and was not appreciated. He knew that most business offered a co-pay to employees. He thought if they were going to be discussing the insurance change for this year, it should have been on the table a long time ago. Public Works Director Smith made it clear that employees do appreciate the benefit. He suggested phasing in the 10% to give people with children a chance to plan ahead.
George Peckham said he always felt it was his responsibility to look out for his own family’s health insurance.
Finance Director Hamor asked if the idea of getting employees to contribute was to lower taxes or if people really did not think the Town should offer 100% coverage.
Chairman Savage thought the 100% was offensive to people who have seen their own premiums increase dramatically.
Finance Director Hamor said many employees had suggested alternative solutions to him.
Chairman Savage did not think there was enough time for this year. He did not want to see a band aid approach.
Shawn Murphy stressed his appreciation for the insurance and asked for time to plan on co-payments. Kim Parady said employees’ appreciation may not have been expressed but was there. She said employees were told last week that the insurance issue wasn’t even on the table.
Tom Richardson said the issue was not new. The Warrant Committee had been looking at it for years and is prepared to present something in the Town Report suggesting the need to look at it. A savings of 10% would be substantial.
Selectman Coombs agreed that it was too late to address the issue for this year. He and Mr. Richardson discussed union negotiations.
Selectman Smith thought this coming year coming up would be the appropriate time for a study.
At 7:05 Chairman Savage called for a short recess while the Town Manager and the Recording Secretary dealt with a recorder problem. At 7:10 Chairman Savage reconvened the meeting.
Selectman Smith said the insurance should be on the front burner on the agenda for next year. He did not want to touch it with the 2005 budget. The timing would have been bad for that.
VI. Old Business
A.~~~~~~Authorize $150,000 payment from Reserve Fund #2770 for $101,955.94 and $48,044.06 from Reserve Fund #2880 to MDOT for Town of Mount Desert share of Pretty Marsh Rd. (Rt 102) reconstruction project.
MOTION: Selectman Coombs moved to authorize the above payment, seconded by Selectman Smallidge. The vote was unanimous in favor.
VII. New Business
aA. Chairman Savage said a discussion had come up about the Town’s obligation to provide a heat source for the Otter Creek Fire Dept. building. Tom Richardson did not have a firm cost for Selectmen. They had looked at repairing the present furnace. He was not sure what Paul Richardson plans to do with the building. If the Town is willing to come up with some kind of money to provide for a heat source for it, he could get some estimates.
Chairman Savage thought it might be a waste of money to buy a new heating system when plans for future use of the building were unknown. He suggested that the Town offer a stipend of $1,000 in lieu of a furnace. Mr. Richardson suggested that the amount needed to be a little more that that. He thought $1,500 would be an adequate sum.
Selectman Smallidge thought that after the Town has used the building, it should put some heat back in it. He did not find $1,500 unreasonable.
MOTION: Selectman Coombs moved to offer the Richardsons a $1,500 stipend to heat the former Otter Creek Fire Dept. building, seconded by Selectman Smallidge. The vote was unanimous in favor.
After discussion, Selectmen decided to take the money from this year’s contingency fund.
A.~~~~~~Approve and authorize Town Manager to sign” FRANCHISE EXTENSION AGREEMENT” with Adelphia, extension to April 1, 2005.
Town Manager MacDonald said this is the 2nd extension on the agreement. The agreement is now in the lawyer’s hands for review.
MOTION: Selectman Smallidge moved to approve and authorize the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B.~~~~~~Approve Harbor Committee recommended improvements to Town of Mount Desert Harbor Regulations.
Shawn Murphy explained the improvements.
MOTION: Selectman Coombs moved to adopt the changes as written, seconded by Selectman Smith. The vote was unanimous in favor.
C.~~~~~~Approve new owner of “Sunrise” to continue to utilize Commercial Float. ~(New owner Michael Olson replacing David Hyde).
Chairman Savage recused himself.
Town Manager MacDonald said Selectmen have to approve people who use the commercial float at the marina. When a boat changes hands, the new owner has to be authorized. Mr. Murphy said this was a standard procedure.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was 3 to 0 with one Selectman recusing himself. Selectmen Coombs, Smallidge and Smith voted in favor of the motion. Chairman Savage recused himself. The motion carried.
D.~~~~~~Approve Verizon Pole Location Permit for one (1) pole on Beech Hill Road, approximately 1004 ft southeasterly of Ripples Road.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Coombs. The vote was unanimous in favor.
E.~~~~~~Annual renewal of contract with Small Animal Clinic of Ellsworth to board stray dogs and cats.
MOTION: Selectman Smith moved to approve the above, seconded by Selectman Smallidge. The vote was unanimous in favor.
F.~~~~~~Receipt and award of Float Bids.
Town Manager MacDonald said Selectmen can recommend to the State and forward the paper work to it for review because the grant for 50% of the cost will come from it. Selectmen needed to pick one of the vendors.
Chairman Savage said there were 6 bidders with $57,411 being the low bid and $87,625 being the high bid. Mr. Murphy said most of the bidders submitted #2 or better grade pressure treated southern pine. The state mandates that #l be used. The only one of the bidders who stipulated he would be using the #1 was the low bidder.
MOTION: Chairman Savage moved to recommend to the State acceptance of Mansell Boat Company of $57,411, providing they meet the bid and material requirements, seconded by Selectman Smith. The vote was unanimous in favor.
VIII. General Issues
A.~~~~~~County Services Committee information request to Hancock County. (Most recent Annual Report, Financial Audit, Organization Chart, Table of positions with base wages, total annual compensation, 2003 County Jail utilization, and percent of required or mandated services for RCC, Jail and County Court)
Kathy Branch said the committee needs more information to clearly define how much is appropriated to each department for determining the costs of this Town vs. other towns. She and Jim Robinson felt the Board would have better luck getting the information than they would.
MOTION: Selectman Smallidge moved to give the Town Manager MacDonald approval to write the letter of request to the County Commissioners for the above, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Include County Tax discussion warrant article as part of 2005 Town Meeting Warrant.
Chairman Savage said the above was not a legitimate item. Selectman Smallidge said one way to get an indication from the voters of their feelings about County taxes would be to have an open discussion at Town Meeting.
Chairman Savage asked the Review Committee to have a report ready for the Town Report. Ms. Branch said it would be possible if the County sends the requested information in time. Chairman Savage requested at least a generalized report.
IX. Other Business
B.~~~~~~Review and approve non-budgetary articles for inclusion on Annual Town Meeting Warrant
Because Ned Butler was present to discuss Articles 5 and 6, the Board started with those.
Article 6: Town Manager MacDonald said the Water District put up a tank on part of the 91 acre parcel without consulting the National Park Service, thus violating the conservation easement there. An amendment would clarify what was there and what is expected to happen in the future.
Ned Butler said if the Town does not want to exercise its right of first refusal, Maine Coast Heritage Trust proposes to purchase that easement. He said it was a win/win situation. It brings in money to the WD to replace water pipes and does not take land off the tax roles. The easement would allow all the operations of the WD and it would allow continued public use of the trails. It would not allow development of that parcel.
Chairman Savage confirmed that it was pretty much a continuation of historic uses. Mr. Butler noted that hiking is water shed-friendly and compatible to WD use.
The wording of the article was discussed. Chairman Savage said the wording should be positive so that when people vote “no”, they actually mean “no”. Apparently a lawyer changed the first draft of the article.
Ms. Crowley said the WD did not build something without the Park’s knowledge. Mr. Butler said it is important to say that the parties are trying to resolve the issue. The article would allow the Selectmen to sign a clarification. He said the conservation easement is actually restrictive covenants that the Park put on the land before they gave it to the Rockefellers to trade with the Town. The original intent was not to restrict the WD in providing essential services.
Town Manager MacDonald said back-up information from MCHT would be needed for the Board by Jan. 6 or 7.
Article 1. Town Manager MacDonald said this was a new item he brought up to clarify the appropriate amount to have in capital improvement reserves for the marina.
MOTION: Selectman Smallidge moved to approve Article 1 as written, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 2. Town Manager MacDonald said some of the revenue from sewer connection fees (probably around $20,000) would be dedicated to sewer systems improvement.
MOTION: Selectman Coombs moved to approve to the concept of Article 2 as written, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 3. Selectmen noted that the word Quick Claim should be changed to Quit Claim.
MOTION: Selectman Smallidge moved to approve Article 3, seconded by Selectman Smith. The vote was unanimous in favor.
Article 4: Town Manager MacDonald said this reenactment of an old article passed in 1992 would serve to remind residents that Selectmen have the authority to spend money between Jan. 1 and the March 2005 annual meeting.
MOTION: Selectman Smith moved to approve Article 4, seconded by Selectman Coombs. The vote was unanimous in favor.
Articles 5 & 6: Chairman Savage said the Board had basically approved these articles in concept. Town Manager MacDonald suggested and the Board agreed to wait with approval until they have seen the actual document. Chairman Savage tabled the articles.
Article 7: Finance Director Hamor said the new building fees will cover about 90% of the costs of the CEO & the Planning Department.
MOTION: Selectman Smith moved to approve the changes recommended in Article 7, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 8: Finance Director Hamor said the recommended $500 fee for issuance of any excavation permit would replace the $10.00 fee.
MOTION: Selectman Smith moved to approve Article 8, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 9: MOTION: Selectman Smith moved to approve the Plumbing Permit Fee ordinance change as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 10: MOTION: Selectman Smith moved to approve Article 10, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 34: Chairman Savage said this would clarify some inadequacies in the existing Special Amusement Ordinance passed last year.
MOTION: Selectman Smith moved to adopt Article 34 as printed, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 44: Since only one private road name was listed, Selectmen held off voting on this article until Finance Director Hamor has had a chance to find out if more roads have been added.
Article 45: MOTION: Selectman Smallidge moved to approve the article, seconded by Selectman Smith. The vote was unanimous in favor.
Article 46: MOTION: Selectman Coombs moved to adopt the article, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 47: Chairman Savage said this article was a standard operating procedure.
MOTION: Selectman Smallidge moved to approve Article 47, seconded by Selectman Coombs. The vote was unanimous in favor.
Article 48: Town Manager MacDonald said he did not have the interest rate yet for this article.
Article 49: MOTION: Selectman Smith moved to approve Article 49, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 50: MOTION: Selectman Coombs moved to approve Article 50, seconded by Selectman Smith. The vote was unanimous in favor.
Article 51: MOTION: Selectman Coombs moved to approve Article 51, seconded by Selectman Smith. The vote was unanimous in favor.
Article 52: MOTION: Selectman Coombs moved to approve Article 52, seconded by Selectman Smith. The vote was unanimous in favor.
Article 53: Selectman Smith moved to recommend Article 53, seconded by Selectman Smallidge. The vote was unanimous in favor.
Article 54: MOTION: Selectman Coombs moved to recommend Article 54, seconded by Selectman Smith. The vote was unanimous in favor.
A.~~~~~~Budget discussion, review and approval of department appropriations. ~
Town Manager MacDonald said he had asked department heads to be sure to include enough funding in their budgets to cover increased fuel and electricity costs.
#0400: MOTION: Selectman Smallidge moved to adopt the Elected Officials budget as written, seconded by Selectman Coombs. The vote was unanimous in favor.
#0403 Administration: Town Manager MacDonald said the biggest increase in this budget resulted from the new full time position. Chairman Savage recommended eliminating this position. Selectman Smallidge said he had been convinced by the staff that the position was needed. Chairman Savage said his problem was with the physical layout of the office. He didn’t see the space for another person. COE Hamor explained where a new desk could be. Responding to Selectman Smallidge, Town Manager MacDonald said adding another person would not significantly decrease overtime pay because a lot of it came from attending meetings. Selectman Coombs was uncomfortable with saying he did not think the Town needed it. Town Manager MacDonald said Finance Director Hamor is the third
person in the Financial Director’s office to discover how much work the people in the front office do. Finance Director Hamor said the position could be cut if the Town stopped handling non-mandated services such as issuing passports and registering cars. Selectman Coombs said he hears positive comments on what the staff does.
MOTION: Selectman Smith moved to approve the budget for #0403, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0404 Assessor: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0405 Tax Collection/Treasurer: MOTION: Selectman Smallidge moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0406: Code Enforcement: Finance Director Hamor said more money would be added to the Planning Board services item. Town Manager MacDonald said Bobbi Williams would be resigning from the Planning Board assistant part time/volunteer job. A replacement would cost more but he did not know how much. Selectman Smith suggested waiting for a solid figure.
#0407: Buildings & Grounds: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0409: Town Clerk/Register: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0421: Police Dept.: MOTION: Selectman Smallidge moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
#4022: Fire Dept: Fire Chief Farley was unable to attend this meeting. Town Manager MacDonald said to be fair, he suggested passing the budget as is or give Fire Chief Farley a chance to explain it before the Board. After discussion, Selectman Smith suggested tabling it and the rest of the Board agreed.
#4022 Communications: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#4031 Highway, Streets & Roads: Public Works Director Smith said he still wanted to check on energy costs. As of last Friday, they were over budget for 2004. Chairman Savage said they might have to adjust the budget later.
MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0433 Solid Waste Collection: Town Manager MacDonald recommending waiting on this item because he just got new information about demolition debris and needs to go over it with Public Works Director Smith. He thought it would be considerably higher. Responding to Chairman Savage, he said he would have a firm number by Jan. 3.
#0435: Parks and Cemeteries: MOTION: Selectman Coombs moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
#0440 Compliance/Mandates: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0422 Other Services: Selectmen noted they had already voted on this item.
#0450 Recreation: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0453 Rural WW Support: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0454 Sewer Capital & Debt: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0455 Sewer Treatment: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0456: Northeast Harbor Plant: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0457 Somesville Plant: Public Works Director Smith said the $7,500 request for fuel/oil should come down because only $1,500 has been spent to date.
MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Smallidge. The vote was unanimous in favor
#0458 Seal Harbor Plant: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0459 Otter Creek Plant: MOTION: Selectman Coombs moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
#0461 NEH Marina: Mr. Murphy said the projected costs for the surveillance camera may be less than proposed if the requested grant is approved.
MOTION: Selectman Smallidge moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
#0462 Seal Harbor Marina: MOTION: Selectman Coombs moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
#0464 Bartlett Narrows Harbor: MOTION: Selectman Coombs moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
#0466 Somes Harbor: MOTION: Selectman Smallidge moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
#0471 Finance: MOTION: Selectman Smith moved to approve this budget as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
#0474 Personnel: MOTION: Selectman Coombs moved to approve this budget as presented, seconded by Selectman Smith. The vote was unanimous in favor.
X. Treasurer’s Warrants
Approve Treasurer’s Warrant #117 for $65,661.46 and Warrant #119 for $12,411.55, #121 for $4,344.00.
Signed as presented.
XI Executive Session
MOTION: At 9:05 pm, Selectman Smallidge moved to go into Executive Session for consideration of 1 MSRA, Chapter 13, §405.6.A, Personnel: Discussion or consideration of Town Manager assignment, duties, and evaluation, seconded by Selectman Coombs. The vote was unanimous in favor.
Selectman Smith left the Executive Session at 9:40 PM.
MOTION: At 10:02 PM, Selectman Smallidge moved to return to regular session, seconded by Selectman Coombs. The vote was unanimous in favor.
Selectmen took no action after returning to regular session.
MOTION: At 10:02 PM, Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Jeff Smith
Secretary
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