MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, August 4, 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, Jerry Suminsby; Town Manager Michael MacDonald; Public Works Director Tony Smith; Acting Police Chief Jason Lovejoy, Assessor John Brushwein, Harbor Master Will Boddy, Treasurer Jean Bonville, Town Clerk Kim Parady, Code Enforcement Officer Brent Hamor, Marine Management Committee Chairman Tom Brown, Marine Management Committee members Jim Black and Storey Litchfield and members of the public.
I. Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of July 21, 2003.
Selectman Damon Pascal pointed out a typo on page 4 line 1. Change Mt. MacDonald to Mr. MacDonald.
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of July 21, 2003 as corrected, seconded by Selectman Suminsby. The vote was unanimous in favor.
At 6:35, Chairman Savage broke the session for a Public Hearing.
Amend Traffic Ordinance to designate a portion of Peabody Drive at Bracy Cove, Little Long Pond as No Parking.
Chairman Savage asked Doug Hopkins from Greenrock Company to explain their proposal. Mr. Hopkins said the intent was to keep people from parking on the curve of Route 3 by Little Long Pond and that a new 14 to 16 car lot would be constructed in September. The Selectmen and members of the public discussed at length where the no parking area was meant to be, clarifying that it would be on the south side of Route 3 by the seawall and identified by specific utility poles shown on a town map. Acting Police Chief Jason Lovejoy said that it is a state road and that enforcement is hard to uphold as it is now. Asked by Selectman Damon Pascal if he felt the amendment was necessary, he replied that at this time of year it could be. In the winter parking is not a problem. Selectman Suminsby said that the request
came from the property owners and from Police Chief John Doyle as a first step to ease congestion. The parking on the north side will be replaced with the new lot. Because an easement with Maine Coast Heritage Trust on the Little Long Pond property provides for public access, the intention is not to eliminate parking on the north side. Eventually a guard rail will be put in place there. Karen Greenberg and Susan Roberts asked about access in the new parking lot for horse trailers and carriages. Chairman Savage said the hearing was on the no parking question, not on the design of the parking lot.
Selectmen also discussed passing an ordinance now that would restrict parking on both the north and south side of the road but not go into effect on the north side until completion of the new lot. Acting Police Chief Lovejoy and John Brushwein thought liability problems might be caused if a no parking ordinance were passed but not enforced and if someone was hurt. Selectmen chose not to include restrictions on the north side now but to address the issue later.
Selectmen resumed their regular Board meeting at 6:55.
III. Appointments and Communications
A. Copy of Article 5E from the 1994 Town Meeting, authorizing BOS “to determine fees and enter into agreements with private groups or the Chamber of Commerce to utilize Town property, such as the Northeast Harbor Village Green, for public or private events or gatherings. This authorization to continue until revoked.”
Town Manager MacDonald explained that while researching whether or not the board had the authority to grant Mr. Tobin permission to use the village green, he discovered the question of in perpetuity had come up in 1989 and 1994. He asked if Selectmen wanted to draft a warrant article for the 2004 agenda to clarify the issue. Selectman Suminsby said that if the Board made a mistake, that it is incumbent on it to admit it and correct it. Chairman Savage thought the Board was comfortable with the majority vote as recorded. Town Manager MacDonald assured the Board that MMA said it was ok that the Town received a certificate of insurance from Mr. Tobin and that we had a hold harmless indemnity agreement as an additional layer of protection for the Town. It was unnecessary but gave the Town added
indemnity. Chairman Savage said the discussion was for general information and that a vote was not needed on the subject.
B. Read and sign letter of appreciation for retiring Police Chief John Doyle.
The Letter was acknowledged and signed by Board members.
IV. Consent Agenda
None
V. Selectmen Reports
None
VI. Old Business
A. Correct post probationary pay rate for Public Works Heavy Equipment Operator appointment to $15.63.
Joelle Nolan pointed out that the figure should be $15.53 not $15.63. The Town Manager made the correction.
B. Receive bids for surplus floats.
MOTION: Selectman Smallidge moved to accept Jon Rector’s bid for one float at $200 and to offer the other 2 floats to George Dunn at 2/3rds of his $201 bid for 2 floats. Selectman Coombs seconded. The vote was unanimous in favor.
MOTION: AT 7:12 Selectman Damon Pascal moved to enter Executive Session, seconded by Selectman Suminsby. The vote was unanimous in favor.
MOTION: Selectman Smallidge moved to come out of Executive Session at 7:35. Seconded by
Selectman Damon Pascal. The vote was unanimous in favor.
VII. New Business
A. Approve re-allocation of $40,000 within Police Budget to fund an agreement in principle with former Police Chief John Doyle.
Town Manager MacDonald said the pension problem has remained unsolved for many years. Mr. Doyle believed he was working under the conditions of a 1982 Town of Mount Desert personnel policy that stated: “Any employee classification may be granted a retirement allowance on one-half compensation after 20 to 25 years, with no age requirement. Also for member of the Police Department attainment of age 55 may be required after 25 years. Additionally, police officers may receive 2/3 compensation after 20 to 25 years with no age requirement, or attainment of age 55 may be required after 25 years.”
Mr. Doyle was hired under the expectation he would be able to retire at age 55 with a 2/3’s pension. Mr. Doyle has been seeking clarification of his pension rights since 1992. In 1995 the Board of Selectmen proposed at a special Town Meeting a plan asking voter approval of consolidating within the MSRS and to include a special police officer plan. Voters rejected joining a plan that included a special retirement option for police officers, approving ”Plan A” that did not include special retirement benefits for police officers. A fact sheet was provided before the meeting to the press and the Selectmen.
Town Manager MacDonald had figured the Town could under spend the current budget to fund the first 10 year annuity. Asked about moving funds from one part of the budget to another, Selectman Coombs and Chairman Savage explained that the police budget is not a line item budget. Kim Parady and Jean Bonville pointed out that the funds would have to come from surplus at some time if the police budget were over expended. Acting Police Chief Lovejoy asked if there was any way possible to get the funds from somewhere else, one of the police cruisers is now running in 2nd gear and won’t come out of it. He thinks that the need for overtime is a public safety issue. Town Manager MacDonald explained that MMA had advised that we could not take funds from one section of the budget and put it in
another. The settlement as proposed would cost more than if the annuity were purchased all at once but Town Manager MacDonald thought the Town could not get enough from the current police budget to fund the whole annuity.
MOTION: Selectman Damon Pascal moved to approve the funding as proposed by the Town Manager, seconded by Selectman Smallidge.
After considerable discussion of the two alternatives Selectman Damon Pascal withdrew her motion and Selectman Smallidge withdrew his second.
MOTION: Selectman Suminsby moved to hold a Special Town Meeting at the earliest possible date after all the relevant information is developed on the subject of buying an annuity for Police Chief Doyle. Selectman Coombs seconded. The vote was unanimous in favor.
The meeting won’t be held until November, it will be at least September 1st before all of Police Chief Doyle’s earnings are recorded. Then figures will be put together by the Maine State Retirement System. Chairman Savage noted that the town has a pretty serious obligation and that the administration is trying to correct a pretty serious mistake. Selectman Coombs observed that a lot of things did not get recorded in the minutes when the issue first was presented years ago. Chairman Savage also noted that the voters did not approve the funding at the 1995 town meeting.
B. Amend Traffic Ordinance to designate No Parking Zone on a portion of Rt. 3, Peabody Drive, Bracy Cove, Little Long Pond
MOTION: Selectman Suminsby moved to amend the traffic ordinance to read that there shall be no parking on the south side of Route 3 on Peabody Drive from Utility pole 91 extending easterly to utility pole 102. Selectman Smallidge seconded. The vote was 3 to one in favor. Chairman Savage, Selectmen Coombs and Smallidge voted in favor. Selectman Damon Pascal voted against. Selectman Suminsby abstained.
C. Award bid for #2 Heating Fuel, Kerosene, 87 NL Gasoline and Diesel Fuel.
MOTION: Selectman Smallidge moved to award the bid to Island Heating. Selectman Damon Pascal seconded. The vote was unanimous in favor.
VIII. General Issue
A. Discussion of expectations for Director of Finance and Administration and Chief of Police positions.
Town Manager MacDonald announced the Town has received 10 applications for Director of Finance and Administration and 9 for Police Chief. Letters of acknowledgement were sent to all applicants today. He has put together a Search Committee for the police chief comprised of John MacCauley, Ambulance Service Representative Jim Wilmerding, Fire Chief Chris Farley, and Steve Barker, Brewer Police Chief. Selectman Suminsby agreed to participate in the review process.
For the Finance position, Town Manager MacDonald said the committee will be the Bar Harbor Finance Director Stan Harmon, Town Auditor James Wadman, and himself. He outlined the interview process for both positions. Selectman Coombs and Selectman Smallidge agreed to sit in on the interviews for the Director of Finance. Several people, including currnet Treasuer/Tax Collector Jean Bonville, thought a formal search committee should be created for this position. Selectman Coombs said he thought it would be better if we hire people living in the Town of Mount Desert or on Mt. Desert Island.
B. Approve expenditure of $465.92 from Selectman’s Contingency account #0403-2903.
Selectmen approved the expenditure for a retirement gift for Police Chief Doyle.
C. Marine Management Committee discussion regarding possible NEH Marina
waterfront improvement.
MMC Chairman Tom Brown outlined the committee’s plan for marina area improvements that include building a boardwalk from the pay phones to the main pier, installing window boxes along the riprap, and replacing the current ticket booth with a 6 sided structure that would be moved back a little farther from the walkway. MMC member Jim Black said they felt any changes in the parking arrangements were unnecessary. Chairman Savage noted that funding would be needed but the committee did not have any figures yet. Town Manager MacDonald asked Harbor Master Will Boddy to put together a request for proposals for a plan. The Town will advertise it. Selectman Suminsby asked the MMC to integrate their plans with the Town Comprehensive Planning process and the Ordinance Review Committee.
D. Consideration of including a “Disorderly House” ordinance for a vote at 2004 Annual Town Meeting.
Chairman Savage said the situation had been brought to light by complaints at the last meeting and by recent publications. Unfortunately the time has come when we need something like this. Selectman Coombs agreed, saying that if he had a tenant who was disturbing others that he would want help. Chairman Savage asked Town Manager MacDonald to give Acting Police Chief Lovejoy a copy of the Bar Harbor ordinance. Responding toKathy Branch’s question about why police aren’t dealing with the problem now when basically 2 households are involved, Chief Lovejoy explained that by law, for disorderly conduct, two complaints have to be received on the same night. The police have to be called back to an area a second time before they can take action. Selectmen indicated that they want the Town Manager to put
together an ordinance for review, restructuring the Bar Harbor ordinance for the 2004 Warrant. Charles Croan, who has a 7 year old child, reported that the noise is not restricted to two households but continues all the way down Main Street. The smell of alcohol and marijuana comes into his windows from neighboring parties. Chris Moore defended some of the people that he knew were involved. Selectman Damon Pascal noted that often the problem is one of noise as much as disorder.
Chief Lovejoy said there have been several complaints and that the issue is serious enough for the Town to develop an ordinance. Selectman Coombs summarized saying “you should be able to do what you want in your own house but you should not be able to annoy your neighbors”.
IX. Treasurer’s Warrants
The Board of Selectmen approved the Treasurer’s Warrants.
X. Other Business
A. Wastewater Cost Study Committee meeting at 6:45 PM August 13, 2003, at Town Office Meeting Room.
Selectman Suminsby noted that when the Selectmen created the committee, they clearly requested a recommendation by August. Chairman Savage said that the Board needs a status report and noted that WCSC Chairman Bob Smallidge said the committee would have one. Bob said the committee would not be ready with a detailed recommendation but that it would no doubt recommend continued study.
The meeting adjourned at 8:56 p.m.
Respectfully submitted,
Emily Damon Pascal,
Secretary
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