MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 24, 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, Emily Damon Pascal, Patrick Smallidge, Jerry Suminsby (arriving after item III, Appointments and Communications), Ernest Coombs (arriving after item IV Consent Agenda); Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief John Doyle, Treasurer Jean Bonville, 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 corrected minutes of Organizational Meeting of March 4, 2003.
B. Approval of minutes of Regular Meeting of March 10, 2003.
Selectman Damon Pascal made a correction on the minutes of March 10, page 7, line 31. The word “fire” should be changed to “fiber.”
MOTION: Selectman Damon Pascal moved to approve the minutes noted above as corrected, seconded by Selectman Smallidge. The vote was unanimous in favor.
III. Appointments and Communications
Approve appointment of Jean Bonville as Director of Finance and Administration effective April 1, 2003 at a weekly rate of $981.54 ($51,040 annual).
Mr. MacDonald explained this was the interim position Mrs. Bonville had applied for. Mr. MacDonald recommended her for the appointment.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
Accept resignation of Christopher Rivers as regular Police Officer effective March 15, 2003.
Mr. MacDonald said Mr. Rivers has accepted a full time position with the Southwest Harbor police force. This was an information item, and no action was necessary.
Approve appointment of Ryan Haynes to regular Police Officer effective March 25, 2003 at a probationary rate of $12.10 per hour, increasing to$12.73 after successful conclusion of training at Maine Criminal Justice Academy.
Mr. MacDonald said Mr. Haines (spelling corrected by Police Chief Doyle) has been a part time officer for eight weeks. He noted this appointment will fill one of the vacancies.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
D. Approve appointment of Chris Rivers as part time Police Officer at a rate of $11.00 per hour.
Mr. MacDonald said the Town still needed part time police officers, and that Chief Doyle recommended the appointment, and was glad to have him on the force.
MOTION: Selectman Smallidge moved to approve the above appointment, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
E. Approve statutory annual appointments for personnel, boards and committees.
Selectman Savage read the extensive list of appointments requiring annual approval by state statute. The appointments cover the period from April 1, 2003 to March 31, 2004. Selectman Suminsby recommended that the appointment of Mr. Savage to the Investment Committee be as a liaison to avoid conflict with the Charter. Mr. MacDonald said Mr. Savage, Mrs. Bonville and he were ex officio members of the committee, without voting privileges. Mr. Suminsby thought the appointment should reflect that.
MOTION: Selectman Smallidge moved to accept the appointments as read, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
IV. Consent Agenda
Sign 2003 Dog Warrant.
Selectman Savage said they would sign this at the conclusion of the meeting.
B. Approve liquor license for Colonel’s Deli D/B/A Colonel’s Restaurant.
Selectman Savage said there had been no complaints, so they would sign that unless there was any objection from the Board.
C. Approve expenditure of $423.44 for bulk mailing of Selectmen’s message for Otter Creek/Seal Harbor referendum. Payment to be made from Selectmen’s contingency account #0403-2903.
Selectman Smallidge said he was concerned about this item, and not just for the specific issue. He was concerned the selectmen were paying for a political preference at the Town’s expense on an issue that was a referendum item. He suggested that in the future if another issue came up, for instance the sewer user fee, and the selectmen paid to oppose the fee, then some in the public would not be pleased. He said it was not in the selectmen’s best interest to dictate political preference in this way.
Selectman Suminsby said this was not a matter of dictating political preference, but that the well-publicized meeting had been poorly attended, there had been a lot of misinformation spread, and the selectmen had a responsibility to educate the public, so the additional step was warranted.
Selectman Smallidge said he considered it a good idea, but since it said “we prefer” he questioned if all the selectmen had been party to the mailing, since their names were all on it. Selectman Damon Pascal said no, she had not been party to it. Selectman Suminsby said he thought they had been. It was unclear if Selectman Coombs had been involved in the mailing. Selectman Smallidge said if all the selectmen were not involved, it was not a good way to bring all sides of the issue together, and be neutral. Selectman Suminsby said the information in the mailing came from the Public Works department, the administration, and the selectmen. Selectman Savage said it would be difficult for the Board to be neutral on this issue, since they took a stand by their recommendation to put the item on the Warrant.
Selectmen Savage recognized Jim Bright from the floor. Mr. Bright said Selectman Damon Pascal had not been consulted on the mailing because she was out of town, but he understood she was in agreement with the position. The other four Board members who were in town were consulted. He said the mailing was done as a direct response to a flyer that was put out and full of total misinformation and absolute lies. He said it was the selectmen’s responsibility to put out their opinion, which was on the ballot, and that he instigated it.
Joelle Nolan said the bill to pay for this item has her name on it, but she asked that it be made known publicly that she had nothing to do with it. Selectman Savage acknowledged this.
MOTION: Selectman Suminsby moved to approve the entire Consent Agenda, seconded by Selectman Damon Pascal. The vote was three to one in favor, with Selectman Smallidge opposed. The motion carried.
V. Selectmen Reports
Selectman Savage said he had received a call from a citizen regarding the Seal Harbor dock toilet facility. Kathy Branch called to say she was concerned the Town was going to remove the current facility and replace it with portable toilets. He opened up the floor for discussion. Mrs. Branch said Anne Funderburk had a letter to the Board that stated her position. Mr. Savage asked Mrs. Funderburk if she wished to verbalize for the public the letter the Board had received. Mrs. Funderburk read her letter, asking the Board to explain clearly and specifically why they proposed to remove the current facility and replace it with portable toilets. She said the current facility was practical, attractive and well designed, with working toilet and running, potable water, was airy, well lit, and
odor free. She also said portable toilets have none of those qualities and require repeated pumping. She addressed the need for handicap access with simple modifications to the existing building.
Selectman Savage said it would have been a good letter to receive before the Town Meeting. He also said the Board had addressed the problem, but did not get the necessary money. He asked Public Works Director Tony Smith what needed to be done there. Mr. Smith said the electrical panel required a door put on it. Mr. Savage said he understood that public access to the electrical panel was a problem of liability to the Town, as well as the condition of the electrical service. Mr. Smith said he understood that public access to electricity had always been the arrangement, and it was MMA risk management that had pointed out the potential liability problem. He said a lock could be fitted to the electrical panel. Mr. Bright said when the issue had come up before there had been a group of people at the meeting saying how terrible the building was,
and that now the opposite group is present. He repeated the concern of people plugging directly into the electrical panel.
Mrs. Branch said she had a lot of concerns about the building, and felt that if it was removed and temporary toilets put in place, that they would become permanent. She felt that was second class treatment, and that Northeast Harbor should try it first. She thought that with some updates and safety issues addressed the current building would serve for many years to come.
Jim Robinson said the many construction sites around the island have portable toilets that workers avoid using, even though they are convenient and not poorly maintained. He asked why the Town would prefer portable units rather than fix the building.
Steve Pinkham said he had been one of the people to speak out against the existing building at a previous meeting, but said he thought something could be done to keep the building and make it work. He said there were concerns about the condition of the whole pier, including the road into it that needed work. He suggested leaving the building and dealing with the safety issues. For handicap access people could use the facility at the beach nearby. He suggested that money set aside for other handicap related items in the budget could be used to fix it up. He noted that Northeast Harbor does have four public restrooms in a small area.
Selectmen Savage asked if anyone on the Board wanted to defend the portable toilet. Selectman Suminsby said he thought this was just a temporary solution until a better design for the whole area was put in place. Someone from the floor offered to donate the money to put a lock on the electrical panel if that was all that was required.
Mrs. Funderburk summarized the problems as: 1. securing the electrical box from public use; 2. electrical wiring updates; 3. plumbing to fix the running water in the sink and toilets, which work but are not perfect. There was a question about the need for two stations for men and women, the need to meet any ADA requirements.
Mr. MacDonald clarified some money matters as a result of changes recommended by the Warrant committee and voted at Town Meeting. He said there was $10,000 in the budget for the Seal Harbor dock for demolition and upgrading power going out to the dock. He said the Board could use that money for renovation rather than demolition and portable toilets, to improve the power and water out to the dock. He said he was flexible regarding the changes there. He said the existing plan could be changed in light of overwhelming opposition.
Selectman Suminsby said the amount of money is getting to the $25,000 range to cure the immediate problems. He thought the $10,000 could be used still as an interim step. Mr. Bromage thought the ADA compliance requirements might not be mandatory until a real upgrade was done on the facility.
Mrs. Funderburk asked if the money available would be enough to address the safety questions. Selectman Savage said they couldn’t answer that just yet. Mr. MacDonald said he understood the sense of the public, and that he would not order any demolition work to be done. Selectman Coombs said he understood the desire to keep the present building, but that over the years there have been problems with private storage in the building, tapping into the electric panel, and destruction of the sinks and toilets. He said it may be policed better now, and would like to see it remain, but remain in good shape. Mr. Pinkham said he believed that some of the old problems have been removed with the removal of the other building there and more supervision by the Harbor Master.
Selectman Savage said he sensed it would be wise to maintain and improve the facility for this year, and take a more serious look at it in the fall for the next budget. He asked for a motion on the issue.
MOTION: Selectman Coombs move to use the $10,000 budgeted for the Seal Harbor dock to improve and maintain the existing facility, seconded by Selectman Smallidge. The vote was unanimous in favor.
VI. Old Business
Selectman Savage said Jean Bonville had written a letter relative to the new position of Director of Finance and Administration. Mr. MacDonald had responded to that letter. Mrs. Bonville noted that her letter was addressed to the Board. Selectman Smallidge said she seemed to be saying this was basically creating two jobs in the place of one, with her current clerical duties not able to shift to other staff easily, and asked her to explain further. Mrs. Bonville said the proposal is not workable because there is not the staff available at this time, and wanted the Board to know that. She said she had very little input in the creation of this position, but has been involved long enough to know how things work. If they choose to change the job and the parameters of the work that is fine,
but they should know there is not the workforce available to make great shifts of duties at this time. The clerical work has always been shared, but would now be on a different level.
Selectman Savage said she was suggesting that the job of Finance Director would only be part time. Mrs. Bonville said yes, she didn’t believe there was currently the need in this Town for a full time Finance Director. Selectman Savage said there was a need for someone to do the job she does. She agreed, there is the need for a Tax Collector and Treasurer, and said that person for years has also done much of the Finance Director’s role, but that to make it administrative would put some of the duties off if new ones were taken on. She said she is already busy all the time, and to stop to train other people would take away from that time. Selectman Savage asked if the job description fit what she did now, and she replied yes, with additional duties. Selectman Smallidge and Selectman Damon Pascal said they were confused. Mrs.
Bonville said there has been a need for additional staff in the office for some time, it’s not a new problem. They have had to redistribute the workload already. Now to add new duties, to anyone’s role, will not have the time available, but that is what’s required by the new job of Director of Finance. She said Mr. MacDonald wants to create a capital improvement plan and some additional things, creating a supervisory position with two people under it. She said this was a redistribution of the workload that was a problem for her.
Selectman Savage said they had already created the position and it was beyond the Board to decide how the workload was formulated. He asked Mr. MacDonald to respond.
Mr. MacDonald said two years ago there were three people doing those jobs, Mrs. Bonville and two others. There were a number of duties Mrs. Bonville assumed when another, very competent person left the office. He said time hasn’t been taken to train anyone else how to do some of those clerical tasks. His philosophy was that the training time was an investment, not an expense of time, to make everyone as flexible as possible in their jobs. He said Mrs. Bonville would be the supervisor of two clerks, and it would be up to the two of them (Mr. MacDonald and Mrs. Bonville) to decide how to distribute some of the tasks to those two clerks, and determine how much time will be necessary to properly train them. He said if the jobs were being done three years ago, although not to the degree everyone would like, it can be done again in the
future. He wanted to have the chance to have it work.
Mrs. Bonville said three years ago the work had been done between four people, and has been redistributed to three people, making them all very busy. She said actually training and shifting jobs is difficult since their work is largely time sensitive, and it is not possible to put any of it aside. She didn’t see how things could change without additional help. With help they could work on training. Now only one person can pay bills, and there is limited capability to do many of the reports because there is not enough time to train.
Selectman Savage said it sounds like a problem that needs a working solution, and expects that they will work on it. He has carefully read her letter of concerns and Mr. MacDonald’s solution and hopes that his recommendation as Manager is something they can follow through with. Mrs. Bonville said she could not agree with his solution, which is to arbitrarily shift the workload, when in fact he told her he doesn’t know what they do on a daily basis, and therefore can’t make the decisions that they can do more. She said the idea of a Finance Director may be a good idea, but until there is more staff in the office she didn’t think they could make a whole lot of changes. Mr. Savage asked if she recommended not creating the position of Finance Director and hire two clerical staff in its place. Mrs. Bonville
said at least one, but not to create the position of Finance Director by itself. She would have gone with the change to the Charter of making this an appointed rather than elected Tax Collector/Treasurer. She said they needed something part time, whether to handle the finance end or the clerical end of things, but couldn’t add a lot more responsibility to any one person now.
Selectman Smallidge said it sounded like they were short of help either way. Selectman Suminsby said he was supportive of giving Mr. MacDonald’s solution a chance to work.
Joelle Nolan said she likened this arrangement to an unfunded mandate to the Town, with requirements to make changes with no money to make them. She said the creation of Finance Director/Tax Collector/Treasurer doesn’t have the added help to meet the extra duties of the job. She said they have tried over the past 12 to 24 months to cross-train one another to redistribute the workload, but it hasn’t worked. She said that was the answer to Mr. MacDonald’s solution: they tried and it didn’t work, so this was like an unfunded mandate.
Mr. MacDonald said he had asked the staff to put in two-four hours a week in training, but wasn’t sure if they had done that yet. He said again this was an investment in time, not an expense. Though it puts them a little behind the next week, eventually the training will pay off. He said if the staff did not follow through with the training because it was difficult or uncomfortable for one or two days, then they would have to go back and start again. He said they would institute the training again in earnest.
Selectman Damon Pascal asked if Mr. MacDonald took care of following up on training, making sure it happens. He said he would make sure they had the time to do it. He said it was true that he did not know every job they do, nor did he believe he was expected to know each duty, but that he should be able to provide the opportunity for the staff to be cross-trained. He will follow through on that.
Selectman Savage said the item required no action on the part of the Board, but he thanked them for the information.
VII. New Business
A. Consider videotaping BOS meetings as a means of increasing public awareness and access. Tapes would be available for viewing and check out at NEH Public Library.
Selectman Savage was approached by Jim Robinson about this issue and asked him to present his case.
Mr. Robinson said the last election showed that people don’t know what’s going on in Town, and there was low turnout at meetings. He wants to increase awareness of what’s going on, yet he understands that people don’t always want to attend evening meetings. He said other towns broadcast selectmen’s meetings on public access channels. He called Adelphia about it, but got no response. He spoke with Bob Pyle at the Northeast Harbor Library about it. The library holds records for different organizations in the community and offered the services to keep a video original in their vault and copies to be check out for people to view. He said there is some volunteer labor to make copies, and he offered to give some start up funds, then suggested asking for donations from others. He said some have suggested people would
be reluctant to speak if they were being filmed, but that cameras permanently placed in a discreet place to catch most of the view would be less obtrusive. He said he had other thoughts about using the films in the school system for children to become more involved in the future. He said the discussion over the Seal Harbor dock was a good example of the community in action, but that it doesn’t happen often because people are not coming to meetings and he wants to change that.
Mr. MacDonald said he also gets little response from Adelphia. He has spoken with Brent Hamor about posting audio files on the web site in the future, understanding there is unlimited space available on the site, and that audio files would be a shorter time to download than a video. He said the minutes also would be available on the web after they are approved by the Board, giving a two week delay.
Selectman Suminsby said there were two realistic options. Getting fiber optic lines between the Town and the high school, then the high school students are ready to do something similar for Bar Harbor, Southwest Harbor and Tremont, but we are left out because we don’t have that line. We have a public access channel, so it would mean getting a camera permanently set up in the meeting room, and may go through a camera each year. He was cautious about creating another record, in addition to the written record, and was cautious of archiving another official record, and reconciling the two. He said the goal was to increase participation, and perhaps posting the minutes could give a monitored discussion on the web site, with people providing their comments either before or after the meetings. He said the results of the comprehensive plan
survey said that about 65% or more were ready and waiting for the use of a web site. He suggested turning this idea over to the Technology Committee.
Ted Bromage suggested the recordings now made be available on a test case to see if there was interest. He was concerned about making two hour tapes available for use in a classroom, because some editing for time purposes would be necessary, which could put a slant on any discussion.
Selectman Savage said this was still in an exploratory stage, and hoped that the Technology Committee would be available to look into this. Selectman Suminsby said they had not disbanded and would make a motion.
MOTION: Selectman Suminsby moved to have the Technology Committee review, consolidate and present options for expanding coverage, written, video or audio, of all regular Town Committee and Board meetings, seconded by Selectman Coombs. The vote was unanimous in favor.
Bob Smallidge asked if minutes were currently available. Yes they are. He asked if they were going to be available on the web site. Yes they will be. He also said they could be put in a notebook and made available at the high school as another option.
Selectman Smallidge suggested that Mr. Robinson be included in the next meeting of the Technology Committee. Greg Fish, who is on the committee, said the sound files were still too big for the lines available in the Town, and that fiber optics would be preferred.
Selectman Savage said it seemed a positive idea and something to pursue. Mr. Robinson said he was concerned about the possibility of editing videos. He said Mr. Pyle would only accept tapes that started at the beginning of the meeting and went to the end, to provide a neutral video.
Selectman Suminsby said that was a problematic area, of turning over public records to be held by another entity. He thought the public record was better kept by the municipality.
VIII. General Issues
A. Reschedule meeting of April 21, 2003 to??? (Suggest April28, 2003)
Mr. MacDonald said it was no longer necessary to change that date.
Mr. Bromage said he heard there was going to be a DOT public hearing on the reconfiguration of the Pretty Marsh Road, and understood it was to take place at the selectmen’s meeting in two weeks. He asked if that was the case, that the meeting be held at the Somesville Fire House for proximity to those affected. Mr. MacDonald said that meeting was going to take place, and there would be ads out for it this week. There were no objections to changing the location. There was a discussion about the timing of the ad and including the changed location. It was confirmed that meeting will be held April 7 in Somesville.
IX. Treasurer’s Warrants
Sign Treasurer’s warrant # 27 for $68,913.01.
X. Other Business
George Peckham asked why the Public Works Director position had not been included in the list of annual appointments. It was pointed out that it is not a position mandated by the state, so is not included in the statuary list.
Steve Pinkham asked about sweeping sidewalks along with streets, since there are many people in Seal Harbor who walk along and the sidewalk is in need of sweeping. Tony Smith said it would be done on a progressive basis.
Kathy Branch asked about repairing the road between Northeast Harbor and Seal Harbor, which now has some large holes in it, which the state is not tending to. There had been a cone there, but it is now gone.
Gerard Haraden asked about the issuing of burning permits, with only one person – not the Fire Chief - able to issue them, who is not always available. Mr. MacDonald said that Lloyd Norwood, the Fire Warden, and the Fire Chief Chris Farley are both able to issue permits. Mr. Haraden said that in the last month he was not able to get a permit. There was further discussion later about who could issue permits, and it was clarified that it was a particular permit for extended burning period that resided with the Fire Warden. The Manager will look into the arrangements to streamline the process and make it more available.
Brian Pollard returned to the comments about the state’s lack of response to repairing roads and two large holes on Sound Drive and in Somesville. He said Mr. Smith had notified them over a year ago, that the state has ignored it and is in danger of killing someone. Selectman Savage said the Town has no control, but could place another call to the state.
Tony Smith noted that Daylight Savings Time starts on April 6, and the traffic on Main Street will return to one-way traffic. He asked permission for painting the lines at night with new quieter equipment, with ample notice to the neighbors. He said they had some difficulty last year with the noise and he wants to contact the affected people ahead of time to make it safer and more efficient. Selectman Savage said this needed no action.
MOTION: Selectman Suminsby moved to adjourn, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
The meeting adjourned at 7:50 p.m.
Respectfully submitted,
Emily Damon Pascal
Secretary
| 
