MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 10, 2003
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, Emily Damon Pascal, Patrick Smallidge; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Lieutenant Jason Lovejoy, Assessor John Brushwein, Harbor Master Will Boddy, Treasurer Jean Bonville, Code Enforcement Officer Brent Hamor, Fire Chief Chris Farley, and members of the public.
Call to order.
The meeting was called to order by Chairman Savage at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of February 18, 2003.
B. Approval of minutes of Special Organizational Meeting of March 4, 2003.
Selectman Combs asked to change the minutes of February 18, page 6, line 27 from “Butlers Boat Yard” to “Town of Mount Desert”; line 30 from “sand graders” to “sand filters.”
Selectman Damon Pascal referred to lines 14-15 on page 6, regarding bike lanes on route 3, and asked Public Works Director Smith about the creation of bike lanes along that route now that the construction project will be moving forward. Director Smith said they were not being designed as part of this project, and that a decision to create them would have to be made by DOT.
Selectman Savage said the wording in the previous minutes regarding this reference, lines 14-15, was misleading. There was a discussion about creating a scenic highway at one time, and part of the promotional was to include bike lanes. The vote of the Selectmen at that time was not to incorporate the designation of a scenic highway, which then killed the bike lane. The selectmen wished the intent of the previous minutes to reflect that the vote referred to was with regards to the creation of scenic highway, rather than a vote on bike lanes.
Selectman Damon Pascal wished to change the Minutes of March 4 as follows:
Line 3, change comma (,) after Selectmen to colon (:);
Section II. B, add a period (.) after B;
Section III. A. needs to have the vote recorded. The vote was unanimous in favor of appointing Jim Bright to the Cranberry Island Parking Lot Negotiation Committee.
MOTION: Selectman Coombs moved to approve the minutes of the Regular Meeting of February 18, 2003 and the Special Organizational Meeting of March 4, 2003 as corrected, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
A. Approve appointment of Shawn Murphy as Deputy Harbor Master effective April 4, 2003 at an hourly rate of $15.87 ($33,010 annual), increasing to $16.66/hour ($34,652 annual) after successful completion of six-month probationary period.
Mr. MacDonald said Mr. Murphy has applied for his former position, was interviewed, and strongly recommended approving the appointment.
Selectman Smallidge asked Mr. MacDonald about the position’s pay level and if this would be a normal pay level for his seniority and grade. Mr. MacDonald said this rate would put him in the lower third of pay grade 6, which is where he had been in the position previously. This rate is an increase over what he had been making, but he had been scheduled for a 4% increase after union negotiations. The $15.87/hour is halfway between those two rates. Selectman Smallidge also asked if there was a statute of limitations regarding credit for previous employment for the purposes of calculating vacation and eligibility for other Town benefits. Mr. MacDonald said he was not aware of any statute of limitations.
Lieutenant Lovejoy noted that Mr. Murphy’s pay grade was level 6, and that he himself was at level 7. He also noted that his own pay was $16.19/hour after 12 years of service. While Mr. Murphy has been employed for less than three years, after six months he will be getting $16.66/hour. Mr. Lovejoy asked how that could be, since at a higher pay level and many more years of service he would be receiving lower pay.
Mr. MacDonald said he was reluctant to discuss particular salaries of employees at this meeting, since they are usually discussed as internal personnel matters, and was not prepared to answer Mr. Lovejoy’s question, although the Board could decide otherwise. He asked for direction from the Board. Selectman Coombs said the pay system was in place, and while not prepared to deal with this at the moment, the question should be answered.
Mr. MacDonald said he was dealing with market forces to attract employees, as happened with his own position. Selectman Savage agreed that Mr. MacDonald was not prepared to answer the questions at this meeting, but suggested that Mr. Lovejoy have a personnel meeting with Mr. MacDonald to get the question resolved.
Mr. Lovejoy said he understood, and that it was another disgruntled employee who brought it to his attention. He also said he understood the market forces, but this did not set a good precedent for employees who have stayed a long time. He said the scale was set in place to create some equality among employees. Selectman Savage said he wouldn’t carry the conversation on until Mr. Lovejoy has had a meeting with Mr. MacDonald.
MOTION: Selectman Smallidge moved to accept the appointment of Shawn Murphy at this pay rate, seconded by Selectman Coombs. The vote was unanimous in favor.
B. Approve appointment of Shawn Murphy as Shellfish Warden.
MOTION: Selectman Damon Pascal moved to approve the appointment above, seconded by Selectman Smallidge. The vote was unanimous in favor.
C. Accept with regret resignation of Ellen Brawley from Solid Waste Committee.
Mr. MacDonald offered to send a letter of thanks on behalf of the Board. He also noted that Ms. Brawley is the Chairperson of that committee, not the secretary as noted in earlier communications. He said someone in Town has said they were interested in joining that committee, but it was premature to mention the name.
No action necessary or taken.
IV. Consent Agenda
A. Approve Liquor License for Journey’s End, Inc., D/B/A Docksider Restaurant.
B. Approve Liquor License for The Acadia Corporation/Jordan Pond House.
MOTION: Selectman Coombs moved to approve the above two items, seconded by Selectman Smallidge. The vote was unanimous in favor.
C. Approve “Construction Area Transportation Permit” for contractor’s working on DOT project #STP-1058 (100) & PIN 10772.00 (Rt. 198 from intersection with Rt. 3 to Main Street)
Public Works Director Smith said the work was to reclaim and overlay the road surface, reset and install curbing. He is waiting for a package describing the details of the work to be done. The level of road, sidewalk and curbs will be adjusted. Mr. MacDonald said the purpose of the request is to bring overweight vehicles onto roads currently posted.
MOTION: Selectman Damon Pascal moved to approve the permit, seconded by Selectman Smallidge. The vote was unanimous in favor.
D. Sign lease agreement with Great Harbor Collection, Inc. (Article 65 approved at Annual Town Meeting)
No motion required. The agreement will be signed at the conclusion of the meeting.
E. Sign lease agreement with Seal Harbor Fisherman’s Association (Article 66 approved at Annual Town Meeting)
No motion required. The agreement will be signed at the conclusion of the meeting.
V. Selectmen Reports
Selectman Savage said he would like to have the Board present any motions for a vote as a positive motion, even if the presenter disagrees with it. He said this followed Robert’s Rules of Order and allowed the vote to reflect the intent of the voter, rather than voting “yes” for a “no.” He also said the Chair would always vote with the group, rather than waiting to be tie breaker.
Selectman Savage also asked that any matter brought up but not dealt with completely by the conclusion of the meeting be pursued until it is resolved. He would like to have the projects underway acted upon before new matters are introduced.
Selectman Damon Pascal suggested that at future Town Meetings the Board look into presenting information on a screen with a projector so everyone can follow the information more easily. Mr. MacDonald said the Town does not have the equipment to present it large enough for the current space and configuration. Selectman Damon Pascal said that with a turnout of voters similar to this year (199 people) it could perhaps be held at the Neighbor-hood House, which has a screen in place. She thought it would be a helpful tool to allow people to understand what is going on with the budget.
VI. Old Business
Selectman Savage asked Mr. MacDonald about the status of negotiations with Cranberry Isles over the parking lot. Mr. MacDonald said the Board had voted last week to put Jim Bright on the Committee for negotiations. The Committee, Mr. Bright, Police Chief Doyle and Mr. MacDonald, met with Eve Harrelson and Malcolm McDonald representing Cranberry Isles. Mr. MacDonald provided the group with a spread sheet on costs. They decided nothing could be done this year since approval of a lease is required at the Town Meeting, so currently there are just discussions on the mechanics of who issues stickers, who decides who has the right to the parking spaces, etc. They concluded that the Cranberry Isles should determine who gets the spaces, and they are working on a point system to assign them. They
discussed changing the annual fees in increments comparable to the consumer price index, and looked at the expense of repairing/replacing the parking space, which was included in the 20-year spread of costs. It was generally agreed that Mount Desert will issue the stickers. He has told the Cranberry Isles representatives that he recommends to the Board an increase in the annual fee to $250 for each space, up from $190. Selectmen had no other suggestions or comments, and understood they could take no action on it at this time. They will let the negotiations proceed along the lines the Committee has presented.
Selectman Damon Pascal asked about the status of the Town web site arrangements with Virtual Town Hall. CEO Hamor said it should be up and running in about four weeks. Mr. MacDonald said the departments will be making recommendations on what they think should be included on their page, and that most of it will be public information such as ordinances or minutes. He suggested that if there was other information the Board thought should be included they could review that.
VII. New Business
A. Mount Desert Island Housing Authority request for resolve to object to a 30% HUD funding reduction for subsidy for elderly housing. Also to hear proposal for 55-acre parcel in Bar Harbor that is designated for an island wide solid waste transfer site.
There was no one present from the Housing Authority to discuss the matter. Selectman Savage said this was an important issue and he would hold off discussion until a representative was present.
B. Approve Resolve “Regarding I-395 Extension” directing DOT to place option 4B back on list of considered options.
Mr. MacDonald reminded the Board the Town had received an earlier request from the towns of Brewer and Bucksport asking for support for the option 4B plan for this highway extension, which had been removed from consideration by the DOT. Mr. MacDonald said he felt the DOT had erred in removing the option 4B, which takes the four lane highway extension to about the center of Holden, roughly nine miles. The other options continue I-395 on to Route 9. Mr. MacDonald feels if an improvement on the route to Ellsworth and Mount Desert Island is not made with this plan, either Route 1A or an alternative, then it would remove for a long time any considerations of such improvements. He noted there were some people present in the public who were opposed and suggested hearing from them.
Steve Condon, the Community Development Director for the town of Holden, addressed the Board. He said this project, option 4B, would be a two-lane state road, according to Greg Boucher, the state engineer in charge of this project. This road would end before it reached the traffic light at Rt. 46. This proposal would provide a parallel road to Rt. 1A for about 3.5-4 miles. He talked about the existing Rt. 1A right of way through Holden, and the center turning lane. He said the purpose of the project was to connect I-395 with Rt. 9, not to correct problems with Rt. 1A. Holden has asked the state to invest in the existing Rt. 1A right of way with upgrades to handle up to 5 lanes of traffic for increased use in the future. He gave some figures on the amount of traffic daily and plans to reduce it with other road changes in
Augusta and Verona, and other plans for improving Rt. 1A. He said Brewer was interested in bringing a second two-lane state road option forward to bring more traffic into Brewer, perhaps to help deal with necessary improvements for construction of a larger WalMart. He felt the existing Rt. 1A right of way was large enough to make the needed improvements, and asked the Board not to endorse this resolution, but instead ask the state for improvements to 1A. He also talked about new access management laws and strict criteria for entrances in the future on these roads. He offered to share information on this topic with the Town.
Benjie Grant, a resident and business owner in Holden, addressed the Board. He has a vested interest in the proposed resolution. He is a member of the Holden Business Assoc., representing 61 businesses on Rt. 1A in Holden. He said the option 4B is opposed by the MDOT, the Holden town council, the Holden planning board, the majority of Holden residents, and the majority of businesses on Rt. 1A between I-395 and Rt. 46. He presented a map to the Board showing the proposal, eliminating the old interchange of 1A and I-395, and creating a new interchange near Gillie’s Truck Caps on Rt. 1A.
He estimated the impact on the businesses if this proposal should go though. He said the 61 businesses along this route are all family owned, 54 of them dependent on year-round traffic. He said the Holden Tax Assessor says the tax rate depends on traffic going through the area. He said a real estate appraiser gave his opinion that property values of those businesses on 1A would decrease 30-40% if option 4B went through. If the businesses are by-passed by traffic, it would have a negative impact on the finances of the town of Holden. The town of Holden has looked at other options to improve the existing road, and feel this option 4B would have a seriously negative effect on the businesses and their town.
Nicene Pascal asked about the DOT position on this option and if they had a comprehensive plan for traffic through to Mount Desert Island. Mr. Condon said they were looking at Rt. 178, an arterial road under-utilized, a rail line not yet used, and buses, but they realized there shouldn’t be a four lane highway to the Island.
Selectman Smallidge said he was concerned about option 4B, and understood the needs of small businesses dependent on traffic. He was opposed to a proposal that could cause serious economic damage to so many businesses.
Selectman Coombs didn’t think the Board should get too involved in the politics of local Holden and Brewer issues.
Selectman Damon Pascal said she understood the need for traffic for existing businesses, and that option 4B didn’t look like a good plan. She thought it would be better to fix the road that is there, and didn’t endorse option 4B.
Selectman Savage asked for a motion on the matter. There was a discussion about the form of the motion.
MOTION: Selectman Smallidge moved to approve the Resolve “Regarding I-395 Extension” as presented, seconded by Selectman Damon Pascal. The vote was unanimously opposed, and the motion failed.
C. Adelphia Cable Franchise Agreement extension.
Mr. MacDonald said the Town has received a letter from Adelphia asking for an extension for the next two years of the recently expired contract. It has an automatic renewal clause in it. Adelphia is working through bankruptcy proceedings and Mr. MacDonald said they were not capable of making major changes in service right now. He was satisfied with continuing the contract, though he has asked about adding Red Sox coverage and fiber optic lines. They are looking into those two possibilities.
Selectman Damon Pascal asked why we didn’t have Red Sox coverage when the other towns did, noting it was of great interest to many people in Town. Mr. MacDonald said we were not part of the consortium the other towns are in, so have different service.
Selectman Coombs agreed with Mr. MacDonald that while dealing with a bankrupt business, we can make all kinds of demands, but it won’t do any good.
There was some discussion about going into a contract term shorter than two years, and the possibility of other companies’ interest in picking up the contract. Mr. MacDonald said no other companies have approached us, and there is not a large enough population base, with high enough density, for the companies to make money.
Jim Robinson said he has seen his cable bills increase every year, with no real increases in service, while Adelphia doesn’t pay their taxes. He thought the Town should more aggressively pursue other options rather than doing business with this company.
Mr. MacDonald said Adelphia eventually will pay their taxes, plus the finance charges all tax payers are charged for late payment. He said there were many reasons to be patient with them as they work through bankruptcy; that the Town has no control of rates over the basic service; they are allowed by FEC regulations to make such increases. He said the Town could go through an RFP process to find another provider, at some expense, but may not get any other responses.
Mr. Robinson thought that by not giving them any signals we are dissatisfied with their services allows them to continue raising rates. He suggested a one month contract extension and a notice that we were seeking alternatives. He felt that the business mismanagement that put them into bankruptcy shouldn’t be paid for by the subscribers.
Selectman Damon Pascal asked what the cost would be to seek other bids. Mr. MacDonald said the Request For Proposals to solicit bids would have to be put together. There was some discussion about the past reasons for not joining the consortium, which we can’t join because we do not have a franchise fee or a fiber optic cable. There was general consensus not to enter into a two-year contract. Selectman Damon Pascal wanted to pursue other bidders. Mr. MacDonald said it could take 20-30 hours to put together the RFP, and additional time to analyze the responses. In the meantime, there is no disadvantage to not signing any contract. Adelphia continues to provide the service. They pay $300/month for their satellite station in Northeast Harbor, which covers more than the actual electric bill. Selectman Savage asked Mr.
MacDonald to do a little more research on the matter, on what would be involved in creating an RFP. In the meantime there will be no action taken on the contract.
Bob Smallidge suggested putting out informal requests for interest, without the expense of a full RFP. Selectman Coombs related information about other cable companies going out of business, being bought by Adelphia, because they couldn’t continue their installation and service at the fees charged. He didn’t believe the RFP would bring in many responses.
There was some discussion about joining the consortium of others towns that have better service. There are two pieces missing for us to join, fiber optic cable and a franchise fee arrangement. Also, our contract dates did not coincide with the creation of the consortium. Mr. MacDonald felt we didn’t have many options available. He will tell Adelphia we are not going to extend the contract. He also said the Technology Committee will look into high-speed internet access through broad band or DSL service, which may have an impact on the cable decisions also. Mr. Robinson said Verizon has been promising DSL service next year for four years now. He believes we need to take a stronger stand with Adelphia for better service, and suggested the board get out to speak with the public about their different needs and concerns.
Mr. MacDonald said the recent Comprehensive Plan did ask about such needs, and believes members of the Technology Committee will be good advocates for the Town’s services.
No action was taken on the Adelphia Cable Franchise Agreement extension.
D. Respond to request to change “Bartlett” to “Bartletts” as official name for Island and Narrows as indicated in citizen request to United States Board on Geographic Names.
Mr. MacDonald said the Town has received a letter from the U.S. Board on Geographic Names, responding to a letter from two citizens of Mount Desert, regarding the name change above. The U.S. Board asks if the Town gives overwhelming support for the change. Mr. MacDonald said there was not such overwhelming support and recommended the Board not do anything with this right now. If there was interest he suggested holding public hearings in the future on the matter. If we were to respond with objections to the change, the change most likely would not happen. If there were a resolve of support, there might be such a name change. He has received some phone calls from people associated with the names who expressed disinterest in making the change.
There was a discussion about the level of effort to make changes on charts, maps, etc., and who would be responsible for the expense. Selectman Smallidge said he would like to see more support for it before the Board did anything, since only four people have expressed interest in it.
Kathy Branch said she was surprised the request went through without asking the owners of the island. She also said the island has always been Bartlett, without the ‘s’. There was some discussion over that.
MOTION: Selectman Damon Pascal moved to adopt the name “Bartletts,” seconded by Selectman Coombs. The vote was unanimously opposed. The motion failed.
Mr. MacDonald will write the U.S. Board on Geographic Names to inform them the Board does not support the name change.
E. Discuss per space fee increase for “Cranberry Island Parking Lot.”
Issue taken care of with Old Business.
VIII. General Issues
None.
IX. Treasurer’s Warrants
Sign Treasurer’s Warrants # 22 for $83,469.32.
X. Other Business
None.
Executive Session
None requested.
MOTION: Selectman Damon Pascal moved to adjourn, seconded by Selectman Smallidge. The vote was unanimous in favor.
The meeting adjourned at 7:50 p.m.
Respectfully submitted,
Emily Damon Pascal
Secretary
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