Board of Selectmen Meeting: Monday, October 6, 2003
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 6, 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; Assessor John Brushwein, Treasurer Jean Bonville, Fire Chief Chris Farley, and members of the public.
Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
Minutes
A. Approval of minutes of Regular Meeting of September 2, 2003.
Selectman Smallidge asked to change page 1, line 46. Combing should combining with all 4-island towns.
Selectman Damon Pascal pointed to page 3 under New Business and asked what the vote was. She was informed the vote was unanimous in favor, 4 – 0. She asked to change page 4, line 31. Under Other Business, Section A. $.9 million should read $4.9 million. She noted there were a few other minor things such as capitalizations that she would correct.
Selectman Damon Pascal asked for the account number for the $102,042.12 and asked if a specific amount for each vehicle should be listed. Finance Director Jean Bonville gave her the account number, #2875 and the specific figures and noted that the One-ton plow truck and chassis were purchased from Darlings Ford, not Dave Gould Ford.
Selectmen agreed to wait until the corrections have actually been made before they vote to approve the minutes.
B. Approval of minutes of Regular Meeting of September 16, 2003.
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of September 16, 2003 as presented, seconded by Selectman Coombs. The vote was unanimous in favor.
Appointments and Communications
A. Accept resignation of Marilyn DiBonaventuro from Warrant Committee.
No action needed.
Town Manager MacDonald said this made another vacancy on the Warrant Committee and that an application to join it would be happily accepted.
B. Confirm appointment of James K. Willis Jr. as Police Chief effective October 20, 2003 at a probationary weekly salary of $817.31, increasing to $858.17 after successful completion of six (6) month probation.
Town Manager MacDonald outlined the interviewing process and said Mr. Willis won the unanimous approval of the Search Committee. He had a sense of confidence that the Board felt comfortable with Mr. Willis’s presence.
Chairman Savage welcomed Mr. Willis and introduced him to the public.
MOTION: Selectman Suminsby moved to confirm the appointment of James K. Willis Jr as Police Chief effective October 20, 2003 at the above salary, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
C. Confirm appointment of Michael Chammings as Director of Finance and Administration effective October 27, 2003 at a probationary weekly salary of $913.46, increasing to $957.70 after successful completion of six (6) month probation.
Town Manager MacDonald said the same process was followed for Mr. Chammings as was for Mr. Willis. He noted that Mr. Chammings was not present at the meeting because as current Town Manager of Tremont, he was at that the Town’s Board of Selectmen meeting.
MOTION: Selectman Suminsby moved to confirm the appointment of Michael Chammings as Director of Finance and Administration effective October 27, 2003 at the above salary, seconded by Selectman Smallidge. Selectman Coombs recused himself from voting because he was away and did not get a chance to talk with Mr. Chammings. The vote, 4 – 0, was unanimous in favor.
D. Acknowledge receipt of $1,497.87 from Maine Emergency Management Agency for winter storm costs reimbursement (November 2002).
Town Manager MacDonald explained that last winter an emergency storm or disaster declaration allowed the Town to submit some overtime bills. The Town did not get all the money it wanted but did receive a good portion of it. It will be applied directly to the overtime costs in the wastewater treatment plant, where the costs were.
No action was required.
E. Acknowledge receipt of $18,220.50 from Mooring Agent Taylor.
Town Manager MacDonald explained the funds are the Town’s portion of Agent Taylor’s fee for putting boats on unoccupied moorings and slips in the harbor. This gets the Town closer to its estimated rental income forecast for 2003.
F. Acknowledge Lucinda Caughey separation from employment as Administrative Officer, pursuant to an agreement, effective October 2, 2003.
No action was required.
IV. Consent Agenda
A. Authorize release of $1,509.00 from Seal Harbor Bait House Reserve account # 2850.
Town Manager MacDonald said this item was unnecessary because approval was given in August. No further action was necessary.
B. Approve BYOB liquor license for “The Austin Acadia Connection” event at Neighborhood House, October 25, 2003.
MOTION: Selectman Suminsby moved to approve a BYOB liquor license for “The Austin Acadia Connection” event at Neighborhood House, October 25, 2003, seconded by Selectman Smallidge. The vote was unanimous in favor.
V. Selectmen Reports
A. Set date and time for executive session for Town Manager annual review and evaluation.
Chairman Savage did not want to make the general public sit and wait while Selectman went into executive session for the Town Manager’s annual review because he did not know how long the review would take; the Board scheduled an executive session for Friday, October 10 at 9am. Chairman Savage said no decisions would be made on October 10th. Any decision following the evaluation will be made at the Selectmen’s regular public meeting on October 20th.
B. Selectman Suminsby updated the Board on the progress of the Ordinance Review Committee, saying it would have something ready for the Warrant Committee about cluster and open space development and work force housing. The State Planning Office had encouraged them to ask the Selectmen to pass a resolution and to have an amendment to the Town Comprehensive Plan voted on in March. He will circulate a draft of the resolution to the Planning Board, the staff and the Ordinance Review Committee.
C. Chairman Savage said he was impressed with improvements to the Pretty Marsh Road. Chairman Savage suggested that the Town send a letter of thanks and appreciation for doing a good job. Selectman Smallidge wanted to thank the State also for filling in the road in the Babson Creek area. Chairman Savage also thanked the crew and people who worked outside fixing up the area in front of the Municipal Building, adding that it looks very nice.
VI. Old Business
A. Hancock County Drug Abuse Task Force discussion with Sheriff Clark and Commissioner Lawson.
County Commissioner Fay Lawson reviewed statistics, including Maine’s 300 miles of unguarded borders, Route 95 use for drug traffic, the increases in numbers of people admitted for drug treatment, the effects of drugs in Hancock County, increases in Maine drug crimes, the number of people arrested for sales and manufacture of drugs and possession of illegal drugs. The Task Force, she said, did not aim to cure the drug problem that is obviously not possible. There would need to be a three-pronged approach that includes education, prevention and, treatment. The Task Force can only focus on the prevention part now. The MDEA has no money nor does it have three men to give the Task Force. It will give some assistance.
Sheriff William Clark reviewed the reasons for organizing the Drug Task Force such as, Open Door Recovery in Ellsworth having trouble meeting the demand for treatment, young people starting with opiates, and the fact that no one is working on the drug problem in Hancock County. Maine Drug Enforcement Agency does not have enough agents available to put any in Hancock County. Under the Task Force, three law enforcement agencies in the County will designate one of their seasoned officers to it. They will become resident agents of the MDEA and will qualify for subsistence such as vehicles, overtime and incidental travel costs from the State. The Task Force will pay primary wages. The Task Force is a reimbursement mechanism for the agencies – Ellsworth, Bar Harbor and the Sheriff’s Department - that contribute an officer. A uniformed officer in a marked cruiser cannot do drug investigations. The agents have to blend in with the public, he said. The county hopes to get the program
up and running by Jan. 1st of next year and run it for 2 years. During the second year, 2005, they will lobby the state legislature, showing the need in Hancock County and the effectiveness of a task force. They hope to convince the State to take over the funding.
Selectman Damon Pascal asked about the financial costs to the Town. Sheriff Clark said the Town’s portion of the total county tax was 12.4% in 2003; therefore the cost would be roughly $25,000. Asked by Chairman Savage about other towns, he said Ellsworth would pay 8.2% and Bucksport 7.1%.
Selectman Suminsby favored looking at the situation not strictly in financial terms. Our Town probably has more to lose than other towns because our economy is based on the quality of life that we maintain, he said. There are no other proposals on the table. To do nothing now would be a tragedy.
Sam Leonardi, a town resident, and minister of the Hancock County Correctional Facility spoke from his counseling experience of the immediate need for the plan, even though he did not want his taxes raised either.
George Peckham agreed with the effort in principle but would feel better if the funding were distributed equally among all towns and not be based on property evaluations.
Selectman Smallidge suggested going straight to MDEA for funding.
Sheriff Clark explained that the Task Force must wait until the first session of the next full legislature before introducing legislation. He said they were not here tonight to ask the Town to make this part of the county budget but to support this in addition to the county budget.
Jim Bright favored the plan but was concerned that it would grow without any restraints.
Fay Lawson said most of the funds would pay for salaries, medical benefits and training by MDEA. Sheriff Clark expected the program to cost less the 2nd year, once the initial training is done, agreeing that the drug problem is ultimately the State’s responsibility. Commissioner Lawson said they were not asking the Selectmen for funds but hoped they would approve the idea of the Task Force. After reading in the paper that the Town’s former police chief had recommended that the problem be handled by the State, not the county, she noted again that the State is unable to provide the service.
Chairman Savage said the Town is not happy with the funding set up, noting that it is convenient for the County to rely on it. Commissioner Lawson does not know of another equitable method of charging.
Selectman Smallidge was interested in the proposal but was concerned that many townspeople would not be able to continue to pay increased taxes.
Sheriff Clark said that if the State does not fund the program in two years, the County would call it quits.
Selectman Suminsby likened the task force to an insurance policy for the Town. Drug problems will drive people away from the Town, gutting our economy, he cautioned as he urged support for the program.
Sheriff Clark asked for a vote of support or opposition because their budget advisory committee will meet next week. Selectman Damon Pascal said the Board was not prepared to do that.
Commissioner Lawson mentioned that, in her earlier letter, she had requested a poll of the citizens of the Town to see if they would be amenable to a $3.00 per $100,000 tax increase. She asked Selectmen to comply with that request. Chairman Savage did not want to poll just the public present at the meeting. He wanted to talk to Finance Director Bonville, to see what the impact on the Town budget would be, to hear more details about the program, and to find out why the former law enforcement people were opposed to the idea. Selectman Damon Pascal suggested putting the question on the web site. Chairman Savage suggested a questionnaire at a Special Town Meeting in November.
Sally Merchant thought the citizens of the Town might decide to increase its own police budget and create more if its own training.
Asked by Jean Fernald and Selectman Suminsby about other towns, Sheriff Clark said Aurora, Brooklin, Great Pond, Penobscot and Winter Harbor opposed the plan. Those supporting it represent the majority of the County’s evaluation: Bar Harbor, Blue Hill, Bucksport, Ellsworth, Gouldsboro, Hancock, Mariaville, Southwest Harbor, Sullivan, Surry and Tremont.
VII. New Business
A. Consider mooring reinstatement request from Robert “Bobby” Dodge.
Robert Dodge explained that when he spoke to Will Boddy, the Harbor Master said his best bet would be to go on the top of the list for the next available mooring. He reviewed with Selectmen the reasons why his mooring was not reinstated in 2001. Since the Harbor Master was unable to attend the meeting because of illness, Selectmen were unable to hear directly from him and, as a result, did not want to take any action. Selectman Damon Pascal suggested that a written recommendation from Harbor Master Boddy be included in the packet for the next Selectmen’s meeting to enable them to make a decision.
VIII. General Issues
A. Acknowledge and express appreciation to Parson’s Landscaping for donating time, talent and treasure for public benefit by designing, providing the materials and tending three raised beds at the Municipal Building lower parking lot.
Town Manager MacDonald will write a letter of appreciation to Parson’s Landscaping.
IX. Other Business
A. Wastewater Cost Study Committee meeting 6:45 PM October 8, 2003, Town Office Meeting Room, Northeast Harbor.
Committee Chairman Robert Smallidge said his committee is progressing slowly but hopefully will pick up speed.
B. Reminder notice of Town Office closure for Thursday, October 09, 2003.
C. Receive revised Budget Development Schedule.
Selectmen made no comments.
D. Consideration of inclusion of a Wastewater Collection and Treatment Ordinance in 2004 Town Meeting Warrant.
Selectmen and Public Works Director Smith discussed when a Wastewater Collection and Treatment Ordinance would be included in a Town Meeting Warrant.
IX. Treasurer’s Warrants
Signed as presented.
X. Executive Session
None requested.
Adjournment
MOTION: At 7:48 p.m., Selectman Suminsby moved to adjourn the meeting, seconded by Selectman Smallidge. The vote was unanimous in favor.
Respectfully submitted,
Emily Damon Pascal
Secretary
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