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Selectmen's Meeting Minutes - 11/03/2003
Board of Selectmen Meeting, November 3, 2003
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, November 3, 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, Patrick Smallidge, Jerry Suminsby; Town Manager Michael MacDonald; Police Chief James Willis, Assessor John Brushwein, Harbor Master Will Boddy, Treasurer Jean Bonville, Code Enforcement Officer Brent Hamor, 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

        Approval of minutes of Regular Meeting of October 26, 2003.

MOTION:  Selectman Suminsby moved to table the minutes of the Regular Meeting of October 20, 2003 because Selectmen Secretary Damon Pascal was not present, seconded by Selectman Coombs.  The vote was unanimous in favor.

III.    Appointments and Communications

A.      Acknowledge letter of appreciation from Town Manager MacDonald to Kevin Edgecomb.

Town Manager MacDonald thought it was important to publicly acknowledge Officer Edgecomb’s service from September 5 to October 20, 2003.  No action was required by Selectmen.

Confirm appointment of. Nancy R Graves as Administrative Officer at an hourly rate of $13.33, increasing to $14.00 per hour after successful completion of a six (6) month probationary period, appointment effective October 27, 2003.

MOTION:  Selectman Suminsby moved to confirm the appointment of Nancy R. Graves as presented, seconded by Selectman Coombs. The vote was unanimous in favor.

Appoint Meg Ashur to Solid Waste Committee.

MOTION:  Selectman Suminsby moved to appoint Meg Ashur to the Solid Waste Committee, seconded by Selectman Smallidge.  The vote was unanimous in favor.

Acknowledge receipt of $500.00 contribution from Atwater Kent Foundation, Inc.

Town Manager MacDonald will send a letter of appreciation to Suzanne K. Hitchcock for the $500.00 contribution from the Atwater Kent Foundation, Inc.  He confirmed Chairman Savage’s observation that the gift would be put in the general fund.
MOTION:  Selectman Suminsby moved to accept the $500.00 donation from the Atwater Kent Foundation, Inc., seconded by Selectman Coombs.  The vote was unanimous in favor.

Acknowledge resignation of Police Officer Ryan G. Haines.

Town Manager MacDonald noted Officer Haines’ resignation was effective immediately.  Police Chief Jim Willis said his department now needs two new full time officers.  

IV.     Consent Agenda

None

V.      Selectmen Reports

A.      Selectman Smallidge said a group of citizens had approached him asking him for information from Maine Municipal Association about town council with the responsibilities and duties involved and administrative assistant/selectman forms of government.  He realized that the information is in the municipal handbook but the citizens wanted more information.  
Chairman Savage said the Town does not normally pay for research and studies.  Selectman Suminsby thought the information could be obtained from the website.
Town Manager MacDonald said MMA would not give the information to a citizen.  There are probably eight or ten variations on each of these subjects.  He asked Selectman Smallidge for more specific questions.  The books are available in the Town Office.  Anyone can look at them.
Chairman Savage said the Town could offer the citizens the resource but did not think the Selectmen should be doing the legwork or take on the request as an extra duty.

B.      Selectman Suminsby said that because the Town accepted State money for the Comprehensive Plan Committee, the committee needs to be recognized and approved by the Selectmen.  So many people want to be involved on the Comprehensive Plan Committee that it would be unworkable for them all to be part of a formal board. He suggested evolving the Ordinance Review Committee into a formal Ordinance Review/Comprehensive Plan Board with the accompanying responsibilities and authority of a board.  The Planning Board could be divided into two boards. As it is now, much of the work of the committee is taking up the Planning Board’s time.
After referring to the Town Charter, Town Manager MacDonald said creation of an additional board would have to be done at a Town Meeting. Chairman Savage suggested that he bring the Selectmen more a specific proposal, something that could be presented at a Town Meeting.

VI.     Old Business

None

VII.    New Business

A.      Set Public Hearing date for Special Town Meeting, additional funding for Otter Creek/Seal Harbor sewer consolidation.

Town Manager MacDonald said the Board needed to hold a public hearing at its November 17 meeting in order to hold a special Town Meeting on December 8 asking voters to authorize an additional, not to exceed, $1.5 million to fund the Otter Creek/Seal Harbor sewer project.  He increased the figure from a present estimate of $1,363,927 because he had no idea what the bids, scheduled to be opened on November 26, will be.  The need for funds resulted from:  1.design changes that include a Department of Environmental Protection requirement change to extend the outfall pipe at the Seal Harbor plant by 600 feet rather than 400 feet beyond its current terminus at a cost of $400 per foot; 2. inflation since the original $4.4 million plan was approved in August 2001, adding about $350,000; and 3. odor control at the Seal Harbor plant.  Also the DEP has alerted the Town engineers that it is considering a requirement for ultraviolet disinfection of discharge water.
With this wording, Treasurer Bonville said the Town could spend up to but not more than $1.5 million.
Selectman Smallidge questioned the science and the perceived amount of environmental improvement. The State keeps raising the bar with increasing regulations; they’re going to bankrupt us, he said.  He thought MMA should require the State to fund all environmental mandates. He feared the Town would be replacing the ultraviolet with new technology in a few years.
Selectman Suminsby countered, saying the water and sewer are significant parts of the infrastructure.  Rebuilding something thirty years old should be done with the latest and greatest technology.
Selectman Coombs did not think the Town could refuse.
MOTION: Selectman Suminsby moved to set December 8, 2003 for a Special Town Meeting at the Somesville Meeting House, seconded by Selectman Coombs.  The vote was unanimous in favor.

Discussion about where the meeting would be held brought the condition of Somesville Fire Station’s furnace to Selectmen’s attention.  Town Manager MacDonald said he learned it needed to be replaced that afternoon. Fire Chief Farley said a plumber had been called, but the cost of replacement was not yet known.   

A.      Set Public Hearing date for Special Town Meeting; John Doyle retirement settlement.

Town Manager MacDonald advised that a date could not be set because he did not yet have the necessary financial information. He said that if the Town could pay for the settlement out of the current budget, public approval would not be needed. Selectmen took no action.  

B.      Set Public Hearing date for Special Town Meeting, credit interest from loans back to    originating account.

Town Manager MacDonald explained when the town agreed to finance a loan for the town manger there was no provision for what to do with the earnings on that loan.  Treasurer Bonville had suggested the interest from two payments made in 2003 be credited back to the land acquisition account.   

MOTION:  Selectman Suminsby moved to set the date in conjunction with the scheduled December 8, 2003 Special Town Meeting, seconded by Selectman Coombs.  The vote was unanimous in favor.

C.      Approve authorization to expend up to $114,412.40 from Reserve Account #2740 (Water Infiltration of Sewers) for Babson Creek sewer and pump station reconstruction.

Town Manager MacDonald said last winter the Town spent a considerable amount in labor and overtime because of freeze-ups in the sewer pipe under the Babson Creek Bridge.  It will be replaced with insulated pipe.  Also reconstruction is needed on the pump station on the lawn of the Somesville library.  Not enough money is in the current budget to deal with it.
MOTION: Selectman Suminsby moved to authorize the expenditure as presented, seconded by Selectman Coombs. The vote was unanimous in favor.

VIII.   General Issues

Treasurer Bonville advised that if a new furnace is needed for the Somesville Fire Station, another article for authorization could be created for Town Meeting.  She said the municipal building reserve account has the funds to cover the cost if it is $5,000.
Selectmen advised Fire Chief Farley to get it fixed, that a special town meeting would not be required for the expense. The Fire Chief said his department is working on the problem that was only discovered on Friday.

IX.     Other Business

A.  Next meeting of Wastewater Cost Study Committee, 6:45 P.M. November 5, 2003,
and 6:30 P.M. November 12, 2003, Town Office Meeting Room, Northeast Harbor.  The November 12 meeting will be a public hearing to receive public comment on the Committee’s proposed “Rural Wastewater Treatment Support Program.”

Wastewater Committee member Jim Robinson reported the committee is pretty close to a solution.  They have not yet determined the amount required to maintain septic systems.

B.      Budget discussion

Assessor Brushwein said the only increase is $5,000 for data entry and that the inspections are about 60% complete.
Police Chief Willis did not see any major changes in his budget but said he would prefer to bring it up at the next Board meeting. Town Manager MacDonald said probably funding will be needed to send three people to the Police Academy in one year.  The Town is allowed only one year from the date of hiring plus a 90 day extension before that training begins.  Money will also be needed for another replacement cruiser because the department goes through about one each year.
Fire Chief Farley is still waiting for a price to replace shingles on the south side of the Seal Harbor Fire station roof.  Chairman Savage asked if he wanted more money in the budget for repairs and suggested that he make a new recommendation for maintenance all four buildings.  
Selectman Suminsby wondered if the Town would have more flexibility if there were a budget for repairs to municipal property.
Code Enforcement Officer Hamor said his biggest increase could be for a Planning Board Secretary in the event the current one does not continue to take her pay in comp time or someone new needs to be hired. Town Manager MacDonald recommended increasing this figure to $2,200.
Treasurer Bonville expected $12,000 will need to be added to the $9,000 for Planning Board services.  Town Manager MacDonald the State reimburses the Town for this money but not necessarily in the same fiscal year. Treasurer Bonville said the expenditures should not exceed what is expected from the State.
Harbor Master Boddy said Northeast Harbor Marina account #2506 is up $2,000 for another power post on slip number two because of the variety of vessels using electricity there.  He noted requests to carry over funds for pilings rather than letting them lapse into surplus, replacing a channel buoy, replacing 6 finger floats and 4 mooring floats.   Chairman Savage suggested that he solicit bids now for the floats, saying that notification of the award would be in March.  Harbor Master Boddy thought he might be able to specify that delivery would not be until May.
He has an estimate of $31,000 for a 22 foot boat with extra equipment, including radar, rather than a larger one that had previously been suggested.  $7,000 more will be needed to add to the funds in the account.  He suggested making a significant increase in the capital improvement reserves. Chairman Savage said major improvements should probably be a separate line item but that the Town would not be ready for anything big until the sewer project is finished.   Selectman Suminsby suggested a 5 to 10 year plan and possibly a dredging reserve to keep the depth of the harbor as it is. Treasurer Bonville advised that if a dredging account were created, it could not be tapped for anything else.  Chairman Savage thought a maintenance reserve might be needed.  
Harbor Master Boddy will need to replace floats in Seal Harbor and Bartlett’s but said again he did not yet know what they will cost.  Chairman Savage and Selectman Coombs advised him to bid now when the rates are cheapest.  
Harbor Master Boddy said Somes Sound and Bartlett’s moorings need realignment because of ice build up last winter.  He said it is the Town’s responsibility to get moorings back somewhere near where they were and that while that is being done, it would be a good idea to do a total realignment.  Selectman Smallidge said to straighten them out.  Chairman Savage thought the funding might be spread out a little.  He also recommended that the subject be discussed later.
Town Manager MacDonald pointed to a $2,000, Buildings and Grounds increase in overtime because of street cleaning on Main Street.  The $700 increase for ballot clerks is in the budget because he still is not sure if the Town will be bisected into two districts.  Funds are needed to take care of a washout problem on Mr. Durost’s property in Seal Harbor. Town Manager MacDonald reviewed requests from several departments.  He said that a broken pipe in Seal Harbor needs to be fixed before it is in use in June because the discharge dumps into a manhole and is leaking into a brook. Selectmen were hesitant about of the cost of this project.  
In the Personnel Section, Town Manager MacDonald estimated that medical insurance would increase by 10%.

X.      Treasurer’s Warrants

Approve Treasurer’s Warrant # 21 for $29,215.81, # 99 for $54,776.61

Signed as presented.

XI      Executive Session

None requested

At 8:35, Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Suminsby The vote was unanimous in favor

Respectfully submitted,



Emily Damon Pascal
Secretary