Board of Selectmen Meeting, Tuesday September 16, 2003
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, September 16, 2003
A meeting of the Board of Selectmen was held this date in the Meeting Room in the Community Room, Somesville Fire Station, Somesville, Maine.
Those present included: Selectmen Ernest Coombs, Patrick Smallidge and Jerry Suminsby; Town Manager Michael MacDonald; Public Works Director Tony Smith; Fire Chief Chris Farley, and members of the public.
Call to order.
Selectman Coombs called the meeting to order at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of August 18, 2003 and September 2, 2003.
Selectmen deferred approval of the August 18 and September 2, 3003 minutes until the Secretary of the Board is present.
III. Appointments and Communications
A. Acknowledge acceptance of resignation of Acting Chief Jason Lovejoy.
Town Manager MacDonald explained that Acting Chief Jason Lovejoy had resigned from the force and that the letter in the Selectmen’s packages indicated that he had accepted the resignation.
Selectman Smallidge hesitated to accept the resignation only because he (Jason Lovejoy) has been a long time employee of 12 years. He would love to give Mr. Lovejoy a little more time to consider what could have been a hasty decision, realizing that he would not be coming back as an acting chief but as a lieutenant. Giving him an extra week would not hurt the Town, Selectman Smallidge believed, asking if that would be possible.
Town Manager MacDonald said he thought that would put the Town in a situation that would not be in the best interest of the Town. The resignation was effectively submitted and he effectively accepted it.
B. Confirm appointment of Kevin Edgecomb as Acting Chief of Police effective September 5, 2003 at an hourly rate of $17.37.
Town Manager MacDonald said he had appointed Kevin Edgecomb Acting Chief of Police on September 5, 2003. He referred to copies of a letter that outlined the conditions of the appointment. The agreement is identical to the one for Lieutenant Lovejoy had minus some considerations that do not apply.
MOTION: Selectman Suminsby moved to confirm the appointment of Kevin Edgecomb as Acting Chief of Police effective September 5, 2003 at an hourly rate of $17.37, seconded by Selectman Smallidge. The vote was unanimous in favor.
C. Confirm appointment of Ben Jacobs and Doug Staples as Public Work Mechanical Equipment Operator II at contractually approved probationary rate of $13.42 per hour, increasing to $14.12 per hour after successful completion of probationary period, effective September 12, 2003.
D. Confirm appointment of John Lemoine as Public Work Mechanical Equipment Operator I at contractually approved probationary rate of $12.55 per hour, increasing to $13.21 per hour after successful completion of probationary period, effective September 12, 2003.
MOTION: Selectman Suminsby moved to confirm the appointments of Ben Jacobs, Doug Staples and John Lemoine for the above positions at the above rates, seconded by Selectman Smallidge. The vote was unanimous in favor.
E. Appoint Dennis L. Smith to Warrant Committee
Dennis Smith heard the Warrant Committee’s call for more people and filled out an application, Town Manager MacDonald reported. He said Chairman of the Warrant Committee, Bill Ferm, had no objections to the appointment.
MOTION: Selectman Suminsby moved to appointment Dennis Smith to the Warrant Committee, seconded by Selectman. The vote was unanimous in favor.
F. Acknowledge request from Dion Olmstead and Kristen Plummer of Farmington, Maine to hold their wedding ceremony on the Seal Harbor Village green.
Town Manager MacDonald explained this item was a point of information. When asked by the couple earlier in the summer if they could get married on the Seal Harbor green, he had told them it is a public green, advising them to write to the Town with date details, and putting them in touch with Larry Taylor of the Seal Harbor VIS.
Asked by Selectman Smallidge if there would be any liability to the Town at all, Town Manager MacDonald said the Town is not authorizing it or granting permission. The green is a public park.
IV. Consent Agenda
None
V. Selectmen Reports
A. Selectman Suminsby asked if the other Selectmen had any names to suggest for appointment to the Ordinance Review Committee. Selectman Smallidge said he would contact his wife.
Selectman Suminsby said he still wanted more names from Selectmen and explained to the public that he is gathering forces for the Comprehensive Plan Committee. The Committee would break up into small special interest groups, possibly meeting in each other’s homes. The Comprehensive Plan consists of several modules - financial, harbors, transportation, environment, watershed, land use. The more people involved and the more time spent planning will serve the Town well in the long term rather than dealing with matters ad hoc. The initial organizational meeting will be October 23 with a comprehensive plan consultant from Augusta. He would like to see as many people at that meeting as possible.
George Peckham asked if the plan ultimately had to be approved by the State.
Selectman Suminsby spoke about the legal ramifications of having ordinances that are not reflected in a state approved plan. In the case of land use, if a decision is made that is not consistent with the comprehensive plan, the Town’s case could be shredded in court. This does happen regularly throughout the state when profiteers make predatory purchases.
B. Responding to Mr. Peckham’s question about when the art will be removed from the village green, Town Manager MacDonald said this would happen on Wednesday, Sept 17 when the sculptures will be moved to College of the Atlantic. He will speak to Ms. Rogers and the artist, Mr. Tobin, when they are here about making any necessary repairs to the green.
VI. Old Business
A. Consider inclusion of Disorderly House Ordinance in 2004 Town Meeting Warrant.
Chairman Savage had wanted this item put on the previous agenda, Town Manager MacDonald said but he had overlooked it then. He asked Selectman if they wanted him to continue with research on it.
Selectman Smallidge recommended waiting until the full Board meets in three weeks. He thought they should pursue the matter.
VII. New Business
A. Consider MDI Rotary Club request for support for a “Head of the Island” memorial to “recognize those in our community who have sacrificed their lives for others in the community.”
With no one from the Rotary Club in attendance, Chairman Coombs pointed out that the Board has no information on what type of support is being requested. Selectman Smallidge said the Board should table the request until a presentation is made to them. He asked the Town Manager to request information.
B. Award Overboard Discharge Program bid to B C M Construction Inc in the amount of $19,183 + ledge removal costs.
Town Manager MacDonald explained that more than a year ago, Hancock County Planning Commission offered the Town the chance to participate in a OBD program that would pay for, through a grant, up to 50% of the cost of hook-up or installation of a septic system. The Town would administer the program. At that time HPCP said one OBD license was expiring on Peabody Drive. The Town Manager said he naively agreed. Since them, he has been notified of 5 or 6 more expiring licenses on Somes Sound. There would be more in the Seal Harbor area. He told HCPC that he did not wish to continue in the program. Since the Town had committed to the first one, he told HCPC it would finish off on that one. He advertised for bids and received 3, the lowest one being from BCM. There would be no cost
to the town other than administrative time.
Selectman Smallidge asked where the sewage from these households goes now, if it was into the harbor, and if the Town Manager knew how many are involved.
Town Manager MacDonald said 3 in Hall Quarry and that he thought there are 15 in the Town. He said the homeowner should give the Town the money up front.
Kay Graves asked why the town is involved at all and why it is spending tax payers’ dollars up front for one individual. She did not think the State had asked the Town to write a check to BCM for the cost.
Town Manager MacDonald said the State thinks the Town can supervise better the construction of the septic system to its standards and that it might be able to get better prices as a municipality.
Ms. Graves asked about the authorization for the Town to sign the contract with BCM. She did not think it fair for the Town to take care of only one private individual and not the others. She was concerned that the money was not in the budget, that no one except of the people at this meeting would ever be aware of the expense and that no one would ever know if the money came back into the budget.
Selectman Coombs said they were trying to serve our harbor. Right now the homeowner is discharging raw sewage into the harbor. He said the State would administer the other 15 households, and that the Town does not want to get involved to that extent.
MOTION: Selectman Suminsby moved to award the Overboard Discharge Program bid to BCM Construction in the amount of $19,183, seconded by Selectman Smallidge. The vote was unanimous in favor.
Selectman Smallidge assured Ms. Graves that the Board would watch the $19,000.
VIII. General Issues
None
XI. Other Business
A. Consider Town Office Closure for October 9, 2003 so that town staff may attend MMA Convention in Augusta.
Town Manager MacDonald said one member would be receiving her Town Clerk certification and others want to take advantage of various workshops.
MOTION: Selectman Suminsby moved to close the Town Office on October 9, 2003 so that town staff may attend the MMA Convention in Augusta, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Wastewater Cost Study Committee meeting at 6:45 PM September 24, 2003 at Town Office Meeting Room.
Town Manager MacDonald said he had just learned that the committee would be meeting with the Town’s attorney at 3:00 PM Friday to go over legal issues with some of the plans being developed. It would give committee members an opportunity to grill the lawyer on whether or not what they’re thinking about would be legal or can be achieved. They are looking at two basic proposals.
C. Authorize Code Enforcement Officer Hamor to take whatever action is necessary to open Lyman Lane.
Town Manager MacDonald said the Code Enforcement Officer, Fire Chief and police had been talking to a citizen on Lyman Lane and about closing the road. Code Enforcement Officer Brent Hamor wanted the Board’s approval to take whatever actions are necessary to open the road for safety purposes. Timothy Thomas had placed barricades at one end of the road and had not removed them to either the COE’s or the Fire Chief’s satisfaction. COE Hamor said the property owner could go to the Planning Board to request a variance. Right now the Town needs to be able to get public safety vehicles through there. Selectman Suminsby said the public safety issue needs to be addressed and that it is the Board’s responsibility to back up the Planning Board and COE.
MOTION: Selectman Suminsby moved to authorize Brent Hamor to take whatever action is necessary to open Lyman Lane, seconded by Selectman Smallidge. The vote was unanimous in favor.
D. Town Manager MacDonald handed Selectman some preliminary budgets, saying they weren’t pretty. They are the first iteration of the department heads suggestions and included some really big numbers, such as $650,000 on Summit Road sewer. He reminded Selectmen that the Town has an obligation to fix the sewers there before they fail and that they need to come up with a plan about how they will do that.
X. Treasurer’s Warrants
Signed as presented.
XI. Executive Session
None.
The meeting adjourned at 7:08 p.m.
MOTION: Selectman Suminsby moved to adjourn the meeting at 7:08pm, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Emily Damon Pascal
Secretary
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