Board of Selectmen Meeting June 16, 2003 Page 1
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 16, 2003
A meeting of the Board of Selectmen was held this date in the Meeting Room of the Seal Harbor Community Center, Seal Harbor, Maine.
Those present included: Chairman Rick Savage, Emily Damon Pascal, Patrick Smallidge, Jerry Suminsby; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Will Boddy, 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 minutes of Regular Meeting of June 2, 2003.
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of June 2, 2003 as presented, seconded by Selectman Smallidge. The vote was unanimous in favor.
Appointments and Communications
A. Approve appointment of Jeffery M. Watson as Seasonal Building and Grounds employee effective June 10, 2003 at a rate of $10.00 per hour.
B. Approve appointment of Raymond J. Coderre as Seasonal Refuse employee effective June 16, 2003 at a rate of $10.00 per hour.
C. Approve appointment of Laura Snyder and Lisa Jacobs as Part-Time Dispatch employees effective June 16, 2003 at a rate of $10.50 per hour.
D. Approve appointment of Edward A. Montague as Police Officer effective July 3, 2003 at $12.10 per hour, increasing to $12.73 after successful conclusion of training at Maine Criminal Justice Academy.
MOTION: Selectman Suminsby moved to approve the appointments as presented for items A, B, C, and D, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
E. Copy of letter from Mount Desert Fire Chief Farley to MDI HS Principal Liebow commenting on intern program.
F. Acknowledge receipt of Director of Finance and Administration Bonville’s letter of intent to retire effective January 1, 2004.
Chairman Savage complimented Jean Bonville on a very nice letter. He told Mrs. Bonneville she would be missed very dearly when the time came for her to leave, and he wished her well.
G. Accept resignation of Jeremy Ward from Marine Management Committee.
Chairman Savage indicated that no action was required on items E, F or G. Chairman Savage asked Mr. MacDonald for any comments. Mr. MacDonald indicated with the appointments made by the Board tonight the Town would be up to full staff. Selectman Smallidge asked if the Town was up to full staff with dispatch employees. Mr. MacDonald responded that the Town has hired two additional part-time employees. Currently there are four full time employees and two part time employees on staff. On a recent weekend there were two people that called in and did not come to work and a dispatcher had to work a twenty four hour shift. That was not a good situation. Mr. MacDonald told the Selectmen that Chief Farley had come in, in the middle of the night to relieve the dispatcher, as the other
part time people were unavailable. He indicated that hiring two additional part time people would eliminate that situation.
IV. Consent Agenda
None
V. Selectmen Reports
A. Discuss Tobin Exhibit on the Northeast Harbor Village Green
Selectman Smallidge told the Board that he had received a letter Thursday night from people that were concerned not about the art display as a whole, but had concerns that a park dedicated to people who had sacrificed their lives fighting for their country was going to have a sculpture of bones. There was concern that those who had carried their dead comrades would be offended by the bones and it would be a very painful reminder, and he had been asked to bring the subject up for discussion. Selectman Suminsby asked if there was a placement chart to show where all of the art work was to be placed. Selectman Damon Pascal indicated that the sculptures could be placed so as not to be offensive to any of the people viewing the memorial. Selectman Smallidge wanted assurance that the bone sculpture would
not be placed anywhere on the green forward of the memorial and flag. He indicated that he supported the project as a whole and he was not withdrawing his support but did feel that the bones made an unfavorable impression. Selectman Suminsby said that he had abstained from the original vote on the project specifically because of the bone sculpture and the images of genocide or slaughter. He said he did support the project but he felt it was very important not to have the bones in eyesight of the war memorial. Selectman Damon Pascal asked for clarification of where they felt the bones should be placed. Selectman Smallidge said if you are facing south from the tennis courts it should be located behind the memorial to the north.
Sydney Roberts Rockefeller indicated that in her opinion the bones themselves should not be considered offensive. She said that anyone who had been to the holocaust museum had seen actual human bones and that was a very spiritual place. Chairman Savage voiced his concern that they should not be getting into a placement discussion at this time. The Board had put Selectman Damon Pascal in charge of the placement and they should not be listening to everyone’s ideas as to where they should be placed. The Board had agreed in concept to the idea and although he understood Selectman Suminsby’s concern he did object to the discussion. Selectman Damon Pascal said she felt it was very unfortunate at the eleventh hour to have these problems and concerns being brought up as she had been
available and anyone could have talked with her at any time. Chairman Savage asked if Selectman Damon Pascal had the details of when the sculptures were arriving and the placement plans. She replied that the trucks hauling the sculptures were arriving Wednesday morning.
Harvey Heel spoke against any placement of the bone sculpture within view of the memorial, as did Jim Robinson.
Kathleen Rogers spoke as the artist Steve Tobin’s agent. She expressed the distress the artist feels at the negative response. His intent was not to cause controversy; his bone sculpture is made of buffalo and cow bones to signify the demise of the buffalo in favor of the domestic cow. It is a celebration of life through regeneration. The sculpture is about nature and not about war or the holocaust. Mr. Tobin will be willing to talk with the citizens and listen to their concerns when the art is placed.
Chairman Savage said that he would like to leave it in the capable hands of Selectman Damon Pascal and the artist Steve Tobin and the people that are in charge of the placement. He expressed his disappointment that at this time, the sculptures are due to arrive and there is all of this controversy.
Selectman Damon Pascal responded that after hearing all of the concerns and the discussion of the bone sculpture she offered assurances that everything possible would be done to place the sculpture where it would not offend anyone.
VI. Old Business
None
VII. New Business
A. Resolve bid tie for surplus floats.
Chairman Savage asked the Town Manager to explain the background of this item. He responded that the Town had advertised in the paper for bids for the fourteen surplus floats and that bids had been received ranging from $500.00 down to $102.00. Eleven of the floats have been sold for greater than $105.00 each. At the $105.00 level there were two bids and three floats left. One of the bidders wanted six floats and the other bidder wanted one. Not anticipating a tie, no provisions had been made for a tie bid. Mr. MacDonald had attempted to resolve the tie by using a time factor, however the whole window of time set for the bidding process needed to be observed. One of the Board members suggested a compromise and proposed since there were three floats, two floats go to the bidder who
wanted six and one go to the bidder that wanted one. The compromise was rejected by the bidder who wanted six.
Chairman Savage stated that he was in favor of rejecting both bids and having a new bid.
MOTION: Chairman Savage moved to reject the bids and put the remaining surplus floats out for re-bid, seconded by Selectman Suminsby.
Chairman Savage then opened the issue up for discussion.
Peter Smallidge stated that both the bidders were not residents of the Town of Mount Desert, one bidder was Manset Yacht Service. He expressed his opinion that he was the winning bidder, the Board had approved the spread sheet prepared by the Town Manager, he wanted all three of the floats and he did not think the Board had the right to change the rules and re-bid the floats.
Chairman Savage stated that the Town of Mount Desert has the right to reject any and all bids if it is in the best interest of the Town. Since the two parties can not agree, the Board does not want to arbitrate this dispute.
After further discussion between Mr. Smallidge, members of the Board, and the Town Manager, Chairman Savage returned to the motion on the table.
VOTE: The vote was three in favor and one opposed Chairman Savage, Selectmen Damon Pascal and Suminsby voted in favor and Selectman Smallidge voted against. The three floats will be re-bid.
B. Authorize Town Manager to enter into Storm Sewer Agreement with Woodglen Group, LP for old school building at intersection of Summit Rd. and Millbrook Rd.
Mr. MacDonald informed the Chairman it had been brought to his attention that the agreement was not necessary, and he would like to withdraw the request at the pleasure of the Board. The Board agreed.
VIII. General Issues
A. Harbor Master update of mooring revocation process.
Chairman Savage called on Harbor Master Will Boddy to give a synopsis for the public. Harbor Master Boddy said he sent letters to mooring holders in January and February of 2003 requesting copies of boat registrations and mooring specification sheets, when they register their moorings. Letters will be sent out to mooring holders in the fall of 2004; if they do not have a boat that is registered, the mooring privileges will be revoked. The Marine Management Committee needs to have time to consider the very delicate balance between the number of transient moorings and the number of moorings available to residents. Businesses in Northeast Harbor are dependant on the income produced from these moorings and the balance must be maintained.
B. Presentation and discussion of Marina dumpster options
Chairman Savage called on Mr. MacDonald to give a review of the options which were presented in the Board’s package. Public Works Director Smith had two options which he presented: one, was enclosing the front of the dumpsters and cutting holes in the back of the building to limit the size of the material being placed in the dumpsters; the second option was cutting the holes in the front of the doors. This however would not prevent people from stacking garbage in front and beside the building, it would just limit the size of what actually got into the dumpster. The option that Town Manager MacDonald researched was video camera surveillance systems, with prices ranging from $219.00 (however, we would have to install power and cables back to the monitors) to $5,000.00, that would “zero” in on people as they unload their trash. There is even a Web cam option that can be connected to our web site to see who is doing what down at the dumpsters. The other option is to just close
the dumpsters entirely. Education is the preferred solution. The original intent was for Marina use, and it has now become a convenient dumping spot for the village residents. Also non-residents from the outer islands and other towns are using the dumpsters. Chairman Savage stated that this is recurring problem and it came to a head two weeks ago because the garbage was not being picked up. The dumpsters need to be picked up daily.
Public Works Director Smith agreed that the dumpsters need to be picked up seven days a week. Selectmen Suminsby wants the technology committee to look into the video options and Mr. MacDonald to research if we can legally go after nonresidents and residents for abuse of the dumpsters.
C Discussion of Public Works Director’s Safety Officer recommendation
Selectman Damon Pascal asked if this item could be tabled since Selectman Coombs was not in attendance and he was very interested in the Safety Officer Program.
MOTION: Chairman Savage moved to table this item, seconded by Selectman Suminsby, the vote was unanimous in favor.
D. Modify Sewer Cost Study Committee name to Wastewater Cost Study Committee
Mr. MacDonald stated that the Committee had indicated that since they were studying wastewater issues and not just sewer issues that it would be appropriate to change the name.
MOTION: Selectman Suminsby moved that the name of the Committee be changed to Wastewater Cost Study Committee seconded by Selectman Smallidge. The vote was unanimous in favor.
IX. Treasurer’s Warrants
Approved Treasurer’s Warrants.
X. Other Business
A. Next meeting of Sewer Cost Study Committee will be June 25, 2003 at 6:45 PM in the Town Office Meeting Room, 21 Sea Street Northeast Harbor.
B Bangor Daily News request to place a newspaper vending machine at marina.
Mr. MacDonald stated he had told the Bangor Daily News representative that he would not recommend the Board approve the newspaper vending machine.
Selectmen Damon Pascal stated she agreed with Mr. MacDonald.
MOTON: Selectman Suminsby moved that the Board allow the Bangor Daily News to place a vending machine at the Marina, seconded by Chairman Savage, the vote was unanimously opposed.
The meeting adjourned at 8:15 p.m.
Respectfully submitted,
Emily Damon Pascal
Secretary
| 
