Board of Selectmen Meeting, October 20, 2003
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 20, 2003
A meeting of the Board of Selectmen was held this date in the Seal Harbor Fire Station Community Room, Seal 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; Police Chief James Willis, Assessor John Brushwein, Harbor Master Will Boddy, Treasurer Jean Bonville, Fire Chief Chris Farley(until he was called away by the Bar Harbor Fire Department) 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 October 6, 2003.
Selectman Damon Pascal said she noted a few grammatical problems but did not feel they should prevent approval of the minutes. Selectman Smallidge asked to change the minutes of October 6, 2003 on page 4, line 36 to delete the first sentence.
MOTION: Selectman Damon Pascal moved to approve the minutes of the Regular Meeting of October 6, 2003 as corrected, seconded by Selectman Suminsby. The vote was unanimous in favor.
Appointments and Communications
A. Confirm appointment of Kevin J. Edgecomb as Animal Control Officer.
MOTION: Selectman Suminsby moved to confirm the appointment of Kevin J. Edgecomb as Animal Control Officer, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Confirm appointment of Kevin J. Edgecomb as Shellfish Warden.
MOTION: Selectman Suminsby moved to confirm the appointment of Kevin J. Edgecomb as Shellfish Warden, seconded by Selectman Smallidge. The vote was unanimous in favor.
C. Approve appointment of Joelle D. Nolan as Warden for the November 4, 2003 Referendum Election.
Town Manager MacDonald said this would be the first time Selectmen had approved appointment of this warden but that it is required.
MOTION: Selectman Suminsby moved to approve the appointment of Joelle D. Nolan as Warden for the November 4, 2003 Referendum Election, seconded by Selectman Smallidge. The vote was unanimous in favor.
D. Acknowledge $500.00 donation from Atwater Kent Foundation, Inc.
Town Manager MacDonald said this donation is given annually in 2 parts, this being one of them. He will write a letter of appreciation to the Atwater Kent Foundation. No action required.
IV. Consent Agenda
None
V. Selectmen Reports
A. Selectman Suminsby said the Ordinance Review Committee continues to hammer out what it hopes to have on the warrants for November. He plans to supply Selectmen with hard copies of a proposed resolution and a Comprehensive Plan change that would precede putting a cluster zoning and work force housing proposal before the voters in March. The State recommends that Selectmen pass a resolution prior to Town Meeting. He wants Selectmen to email their comments to him. He also requested a review of the charter change by Town Counsel.
VI. Old Business
A. Consider reinstatement of Bobby Dodge mooring.
Selectman Damon Pascal said she had been compassionate about the matter but, after reading Harbor Master Boddy’s report to the Board, she realized that the standard process for reinstating a mooring was not followed. She was concerned about setting a precedent if the Board made an exception for Mr. Dodge.
Selectman Coombs noted that Mr. Dodge was not present at the meeting and that the Board had not yet met with him and the Harbor Master at the same time. Harbor Master Boddy said he had talked to Mr. Dodge but had no recommendation to the Board.
Selectman Suminsby asked about the appeal process.
MOTION: Selectman Suminsby moved to uphold the Board’s previous decision in August 2001 for the appeal denial, seconded by Selectman Smallidge. The vote was unanimous in favor.
Harbor Master Boddy said nothing further would happen until Mr. Dodge applies for a mooring.
B. Renewal of Town Manager employment contract, extend contract termination date to 10-22-2006. Salary adjustment to $1300.50 per week, (2% increase), $994.50 one time performance bonus (1.5%).
Chairman Savage said the Board had met in a Special Selectmen’s Executive Session to discuss personnel issues regarding the Town Manager’s contract. No vote was taken then. They voted to come out of Executive Session and make a decision at the regular meeting.
When Jean Fernald inquired if the public could ask questions, Chairman Savage said he was leery of comments from the public on a personnel issue.
MOTION: Selectman Suminsby moved to approve Town Manager MacDonald’s employment contract as presented, seconded by Selectman Smallidge. The vote was (three) 3 in favor of the motion, (two) 2 opposed. Selectmen Savage, Smallidge and Suminsby voted in favor. Selectmen Damon Pascal and Coombs voted against.
Kay Graves asked if all Town employees receive performance bonuses. After some discussion, Town Manager MacDonald explained that the average pay increase for employees is 3.99%. His bonus is being given because his increase is 2% instead. He preferred handling the difference with a bonus to avoid a compounding effect on the base salary.
Public Hearing: Amend General Assistance Ordinance to Reflect New G A Maximums.
Town Manager MacDonald said the Department of Human Services provides towns each year with adjustments to the maximum amounts for general assistance. The amounts are up about 4% this year. The Board is required to sign verification that they have looked at the amendments and approved them.
Public Hearing: Amend Traffic Ordinance To Designate Two (2) Additional Handicap
Parking Places on Main Street.
Selectmen discussed the location of the spaces. Selectman Coombs noted that the space on the northern end would be further south than indicated to avoid blocking an existing fire hydrant. Public Works Director Smith said he would meet with Fire Chief Farley to determine the exact position of the northern space.
Public Hearing: Amend Traffic Ordinance To Designate No Parking Within Eight (8)
Feet Of A Fire Hydrant.
VII. New Business
A. Approve new General Assistance maximums (Appendixes) and sign Dept. of Human Services (DHS) compliance statement.
B. Designate handicap parking space(s), one (1) space at west side of Main Street south of exit from parking lot south of Bar Harbor Banking and Trust Co. and one (1) space west side of Main Street south of a fire hydrant located between 151 Main Street and John Madonna residence.
C. Designate as No Parking an area within eight (8) feet from a point on the nearest curb or roadside to a line perpendicular from the curb or roadside to a fire hydrant.
MOTION: Selectman Damon Pascal moved to accept the three amendments as written, seconded by Selectman Suminsby. The vote was unanimous in favor.
D. Request for consideration of assistance for driveway culvert improvement, Richard Lunt.
Richard Lunt explained why he was asking the Town to pay for part of the cost of extending a culvert abutting his Beech Hill Crossroad property. The culvert had been installed 11 months ago to what he thought met Town requirements. Considerable erosion occurred last winter necessitating lengthening it by forty (40) at a cost of approximately $2,300.
Public Works Director Smith said the culvert had been placed too close to the driveway embankment and the edge of the pavement. He did not think the Town should spend public money to repair the culvert.
The matter was discussed at great length. Selectmen Damon Pascal and Suminsby suggested compromises. Selectman Smallidge felt the Board might be setting an unfortunate precedent if it approved assistance for Mr. Lunt. Chairman Savage said Public Works Director Smith should be act as the Town’s representative if assistance were approved.
MOTION: Selectman Damon Pascal moved to provide assistance for driveway culvert improvements for Mr. Richard Lunt with the approval of the Public Works Director, seconded by Selectman Suminsby. The vote was four (4) against to one (1) for approval. Selectmen Damon Pascal, Coombs, Savage and Smallidge voted against approval. Selectman Suminsby voted for approval.
VIII. General Issues
A. Main Street changes from one-way to two-way traffic effective 10-26-2003, signs will be posted 10-27-2003.
Asked by Chairman Savage why the signs weren’t going to be posted the day before, Town Manager MacDonald said it would require overtime either way. The date was set last spring.
B. Household Hazardous Waste Collection at the Somesville Fire Station, November
Town Manager MacDonald said the Town should have the Household Hazardous Waste information after a League of Towns meeting tomorrow. Permits will be issued to those people who came into the Town Office and left their names and addresses. The Town will mail permits to them. The permit will designate what is acceptable at the collection site and what is not and what the limits are. Hancock County Planning Commission is doing a publicity campaign. The permits must be in the week before so the vendor will know how much to anticipate. Chairman Savage commented if the Town makes the public jump through hoops to participate in something like this, they might decide to leave the paint in the basement. He said the more information the Town gets out, the better. He would like the program to be
easy for the public. Selectman Suminsby said the Town should have a notice in the paper.
IX. Other Business
A. Wastewater Cost Study Committee meeting 6:45 PM October 22, 2003, Town Office Meeting Room, Northeast Harbor.
B. Distribution of draft budget and discussion with Department Heads.
Police Department: Chairman Savage introduced the new Police Chief, Jim Willis. Although he did not prepare the budget, Police Chief Willis said he had made a few changes that day, his first day on the job. He will request more funds to send three officers to the Police Academy for training. Also another person will need to be hired.
Recreation Department: Anne-Marie Hart, Neighborhood House director, noted the Neighborhood House had not increased its request for Town Recreation for four years. Chairman Savage said she set an example for all other departments. Selectman Smallidge said this was a very reasonable recreation budget, especially when compared to other towns.
Harbor Master Boddy said he would need an extra part-time person to handle registrations outside the harbor and mooring inspections. Other increases in Northeast Harbor include updating an electrical system on one of the slips, replacing ten new floats and adding to reserve funds. In Seal Harbor, new floats will be needed. Severe ice damage in Somes Harbor and Bartlett’s Landing resulted in lost moorings. He proposes to realign those two harbors during the next few years.
Town Manager MacDonald reviewed budgets for elected officials, administration, buildings and grounds, parks and cemeteries and compliance/mandates, sewer treatment plants and personnel.
He said the figure for the county budget has the potential to be multiplied by 3.
Public Works Director Smith pointed to requested amounts for the road reserves, the Seal Harbor marina reserve for the parking area and retaining wall, reserves for the one-ton truck, the street sweeper reserve, a service truck, a work pick-up and a backhoe, a big increase for outside lab tests for the sewer treatment plants because of notification from the DEP about licensing requirements and starting a reserve for waste water trucks.
X. Treasurer’s Warrants
Signed as presented.
XI. Executive Session
None requested.
MOTION: At 7:55 Selectman Damon Pascal moved to adjourn the meeting, seconded by Selectman Coombs. The vote was unanimous in favor.
Respectfully submitted,
Emily Damon Pascal
Secretary
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