MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 29, 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; Finance Director Michael Chammings;, Jean Bonville and members of the public.
I. Call to order.
Chairman Savage called the meeting to order at 6:30 p.m.
II. Minutes
A. None.
Selectman Damon Pascal said she had a few corrections for previous minutes but since Selectman did not have them in their packets, Chairman Savage decided to postpone them until the next meeting.
III. Appointments and Communications
A. Accept donation of $270.97 from MD Elementary School Second Grade Class. Credit donation to Fire Reserve Fund 2829 for purchase of 1 3/4" double-jacket fire hose.
Town Manager MacDonald the Town does not have the authority to credit the fire reserve. Jean Bonville had recommended to him that the Town accept the donation, putting it into a deferred revenue account, and deal with it as a Warrant article in the 2004 Warrant.
MOTION: Selectman Suminsby moved the above as revised, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Appoint Michael Chammings as Treasurer and Tax Collector.
Town Manager MacDonald said this had to be done before the items on the consent agenda could be approved.
MOTION: Selectman Suminsby moved the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
IV. Consent Agenda
A. Approve annual stray dog or cat - food/shelter agreement with Animal Clinic of Ellsworth.
Town Manager MacDonald said the Town has to provide food and shelter for strays picked up the Animal Control Officer. The annual agreement formerly was with the shelter in Southwest Harbor which no longer serves this purpose.
MOTION: Selectman Coombs moved to approve the above agreement, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Approve and sign signature cards for First National Bank of Bar Harbor, Bar Harbor Banking and Trust Company, and Union Trust.
Town Manager MacDonald said the cards would give Finance Director Chammings authorization to sign checks for the accounts in those banks and to assign deputies to each of positions which also have signatory powers on the accounts.
MOTION: Selectman Damon Pascal moved to approve the item, seconded by Selectman Smallidge. The vote was unanimous in favor.
C. Approve 2002 tax abatement for Michael, Clifford C. & Katherine B. Olson in the amount of $339.72 (erroneous assessment)
Town Manager MacDonald said taxes were assigned to the wrong people. This is a correction.
MOTION: Selectman Suminsby moved to approve the remainder of the consent agenda, seconded by Selectman Smallidge. The vote was unanimous in favor.
D. Approve "Certificate of Settlement" (of Taxes).
E. Approve "Certificate of Recommitment" (of Taxes).
V. Selectmen Reports
1. Selectman Damon Pascal asked if the Town is doing anything about a noise ordinance for this year. Chairman Savage said he spoke with the Town Manager that afternoon about a Disorderly House ordinance. Town Manager MacDonald said he would have a draft ready for the Selectmen's next meeting. It is identical with the Town of Bar Harbor's except for the name of the town and governing body.
2. Selectman Damon Pascal asked about considering a handbook for rules and procedures for Selectmen. The rest of the Board thought it was a good idea. Selectman Damon Pascal said Joelle Nolan has a file of samples. Selectmen will get copies in their packets for review in order to form a draft for this Town.
3. Chairman Savage reported on a meeting with the Fire Chief about the capacity of the Town's meeting rooms. Fire Chief Farley had said that at a recent Special Town Meeting in Somesville, the Town was basically violating the law according to the safety code that it adopted because the crowd was over the capacity of the room. It appears that it is the obligation of the officer in charge of the meeting to decide whether or not to adjourn the meeting until a satisfactory space is found. Town Manager MacDonald said the Fire Chief, Kim Parady and he were working on a draft statement specifying the responsibilities of the chairman and of individual board members.
4. Selectman Coombs asked about the fuel tank at the Town Garage. Public Works Director Smith said he understood that the Town will do away with diesel and gasoline. He has been soliciting prices for different sizes of tanks. Selectman Coombs asked how expensive it would be to eliminate gasoline and move the diesel pump to wherever the fire marshal wants it. Public Works Director Smith will check. He figures the savings will be less than half. He said Fire Chief Farley and Ken are concerned about cutting back so much on the diesel. The emergency vehicles are pretty much all diesel. Two or three 500 gallon tanks with diesel might be enough. Chairman Savage thought $40,000 is an outrageous figure to comply with a State regulation. Selectman Smallidge asked for a rough idea of additional
mileage for filing up in a commercial area. Public Works Director Smith said it's not so much the travel time as the time it takes to fill up. That can take a half an hour in the summer because of lines at the One Stop, the only place to get diesel. Jean Bonville noted that everybody's got to have a card to be able to operate those pumps. There could be a control issue. Tony will check on doing away with the gas and get a quote for diesel possibilities.
VI. Old Business
A. Consider Warrant Article for Special Amusement Permit
Chairman Savage said this is a housecleaning item, nothing new.
MOTION: Selectman Damon Pascal moved to put the updated Special Amusement Permit on the Warrant, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Consider Warrant Article for multi-year lease for Great Harbor Museum
MOTION: Selectman Damon Pascal moved to put the current three year lease on the Warrant, seconded by Selectman Suminsby. The vote was unanimous in favor.
C. Consider sidewalk donation proposals
Robert Coolidge said the Phillips and the Carter proposals are still two separate things. He described measurements of the proposed sidewalks.
Selectman Damon Pascal said if somebody is willing to construct a sidewalk and donate part of their land, it would behoove the town to accept it. People walk in the middle of the road. She it as a safety issue. She thought the traffic committee should be involved in the decision and also in the question of where Main St. should be two-way or one-way.
The right of way was discussed. Robert noted that a granite curb is already in there for part of the road. It narrows in front of Full Belli Delli.
Chairman Savage and Selectman Damon Pascal wondered if the Traffic Review Committee is still active. Town Manager MacDonald said he has sent them a request about another subject. Public Works Director Smith said they would meet next week.
Selectman Smallidge felt the Town would be duplicating a sidewalk that would need more maintenance. He opposed the idea unless it can to straight up through by the Carters'.
Selectman Suminsby said in the future many things could change. It's easy to look at a building and say nothing's ever going to happen there. Fifty years out, you might have to pay a dear price to acquire something for downtown renovation.
Selectman Damon Pascal asked if this had gone before the Planning Board and if planning and deciding wasn't out of the realm of the Selectmen. Robert Coolidge noted that the Planning Board doesn't plan; it applies the existing rules. Chairman Savage said that's the direction that's been taken but it wasn't intended to be that way. Mr. Coolidge said the Ordinance Review Committee hasn't gotten down to this level yet with rewriting. Chairman Savage said that in some ways he felt like Selectmen were overstepping their bounds. He wanted to say yes to accepting this free offer but felt badly that the Traffic Committee and Planning Board weren't making recommendations. Selectman Damon Pascal agreed.
Selectman Coombs said that's probably the front entrance to whatever Mr. Phillips wants to build. It makes sense. He's asking us to take part of his property and build a sidewalk.
Selectmen and Mr. Coolidge discussed with Public Works Director Smith where the location of property lines are, where a sidewalk would go on Firehouse Lane, where existing pavement ends. Town Manager MacDonald asked what percentage of Town property would be consumed. Mr. Coolidge estimated it would be about half. After discussion, Public Works Director Smith advised Mr. Coolidge to have a site plan showing exact locations.
Chairman Savage asked the Selectmen if they were willing to go ahead that evening with an approval of this to expedite it or to go back to the chain of command of the committees. Selectman Suminsby did not want to step on the toes of a standing committee but said if we are at a point where a committee is not active, then we've chosen to move forward. Chairman Savage noted the board's decision would be offered to the voters and that this decision would not entail sidestepping them. Town Manager MacDonald said, if the wording of the warrant article that approves this could be on the conditions as best described by the Board, you could then consult with the voluntary committees for their input as to what the final document should be. You're looking at conceptual approval based upon the details coming before
the board and being approved. Chairman Savage said it's brilliant, to accommodate the Carters and property owners as well as the Town to go ahead with this.
Selectman Damon Pascal wanted to hear from the Carters about their proposal.
Alice Carter asked if it wouldn't be simpler to do it one at a time. She had suggested taking a strip of their front lawn on the Main Street side which is about 50 feet. She said she had suggested originally 4 feet with 6 inch curb that's there so then it would be 4 ½ feet. She clarified with Chairman Savage that she wanted to separate the two issues. The Board agreed to separate two issues and finish up with the Phillips case first. Town Manager MacDonald asked if the Carters were willing to construct the sidewalk. Mrs. Carter said that if it was necessary they would or could but that, if they did, the disadvantage would be the liability. Town Manager MacDonald said the liability would be on the Town if it were built to Town specification and given to the Town. Who will pay for the
sidewalk was discussed.
Selectman Coombs said a sidewalk in front of the proposed restaurant would contribute to public safety. Chairman Savage agreed saying the sidewalk will encourage people to step out of road more than they do now.
MOTION: Selectman Suminsby moved that the board accept the concept of acquiring a sidewalk in front of the Sea Street property and on Firehouse Lane as proposed, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
Town Manager MacDonald asked if Selectman wanted him to develop a Warrant article even though he lacked the legal description and was asked to do so.
Chairman Savage said that if they handled the Carter proposal the same way, they could conceptually accept it.
Katrina Carter wanted to consider only the Main Street side now instead of including Sea Street. People are not walking on Main Street; they are walking on the lawn.
Selectman Smallidge thought the cost of construction to the Town would be well worth the benefit of the gift from the Carters, especially on Main Street where property is very precious.
Mrs. Carter asked about the minimum width of sidewalks, noting the width of the one in front of her house. Minimum widths were discussed.
MOTION: Selectman Smallidge moved to accept the concept of building a sidewalk 4 ½ feet wide at the Town's expense on Main Street, seconded by Selectman Coombs. The vote was unanimous in favor.
Jim Robinson commented that other committees have the same problem as the Traffic committee of getting legislation ready for the voters in time. The precedent in which the board tonight has taken positive action when standing committees can't address these issues, is particularly welcome particularly where those issues are for the good of the Town.
VII. New Business
A. Authorize Chairman Savage to sign Maine DOT "Work Permit" for ditching and seeding Right of Way on Rt. 3 & 198.
Public Works Director Smith said the Department of Transportation would be rebuilding and reconstructing what's there, putting two new six foot shoulders on each side. The Town owns property adjacent to it.
MOTION: Selectman Suminsby moved to authorize the above item, seconded by Selectman Damon Pascal. The vote was 4 - 0. Selectmen Damon Pascal, Coombs, Smallidge and Suminsby voted in favor, Chairman Savage abstained. The motion carried.
VIII. General Issues
1. Selectman Damon Pascal asked about maintenance of Peabody Drive by the Asticou Inn. Public Works Director Smith will contact the DOT about it.
IX. Other Business
A. Continue Budget deliberations.
Other Services: Town Manager MacDonald noted that the 2002 amount for Other Services included $5,000 for a traffic study which was not requested again this year. Selectmen discussed the option of keeping the same total from 2002, reallocating the funds among other services or reducing the total by $5,000 for the new proposed budget. Selectmen had previously voted to recommend an amount not to exceed $100,379 for Other Services.
MOTION: Selectman Smallidge moved to recommend reducing the $100,379 total for Other Services by $5,000, not to exceed $95,379, seconded by Selectman Suminsby after he confirmed that no other requests had been made since the Board's last meeting.
Selectmen debated the motion.
Selectman Suminsby favored the motion saying it offers essentially keeping the level of commitments. By capping like this, Selectmen would not be
setting themselves up to be broadsided at Town Meeting. He said, if we put that back in, we'll set up a situation where we'll have a cat fight for the $5,000.
The vote was unanimous in favor of the motion.
#1920, Selectmen salaries: Selectman Damon Pascal brought up the matter saying Selectmen deserve more than $600 per year. Chairman Savage thought this Board of Selectmen might be the lowest paid in the State of Maine. Selectmen discussed when the amount was last increased and suggested amounts for an increase. Chairman Savage recommended doubling the salaries.
MOTION: Selectman Damon Pascal moved to recommend raising Selectmen salaries to a total of $6,000, seconded by Selectman Suminsby. The vote was 4 to 1. Selectmen Damon Pascal, Suminsby, Smallidge and Savage voted to approve the motion. Selectman Coombs voted against it. The motion carried.
MOTION: Selectman Smallidge moved to pass an Elected Officials Budget, Item #0400, of $8,770, seconded by Selectman Damon Pascal. The vote was unanimous in favor.
MOTION: Selectman Smallidge moved to pass the Administration Budget for Item # 0403 at $237,903, seconded by Selectman Coombs. The vote was unanimous in favor.
Public Works: Chairman Savage asked Public Works Director Smith to represent the Town in the sidewalk and fuel issues.
MOTION: Selectman Damon Pascal moved to recommend $71,023 for the #0404 Assessor Budget, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0405 Tax Collector/Treasurer Expenses. Jean Bonville questioned the figures. Town Manager MacDonald said he would recalculate them.
MOTION: Selectman Smallidge moved to approve $54,713 for Dept. 0405, seconded by Selectman Suminsby. The vote was unanimous in favor.
#0406 CEO. Town Manager MacDonald explained Line #1401 for $2200 which recognizes what the cost to pay someone to take minutes at Planning Board meetings.
MOTION: Selectman Damon Pascal moved to approve #0406, $61,775, seconded by Selectman Smallidge. The vote was unanimous in favor.
#0407 Buildings and Grounds:
Selectman Damon Pascal asked about Line #1201 for custodian wages. Town Manager MacDonald said if the Town wants to pay someone who is good at the job, it would have to pay him more than he would earn on the garbage truck. A year ago Selectmen said they wanted Main Street cleaned early in the morning, creating a need for the work to be started in overtime. The work is done by hand.
Selectman Coombs thought the Municipal Building needs more attention than it is getting, particularly from now until April. The downstairs has looked terrible for a number of years. He would like to see more for the wages.
Following a suggestion from Selectman Smallidge, Selectmen discussed whether or not to adjust the electric and fuel bills down and decided to leave the budget as it is.
The reserve account for improvements on the Municipal Building was discussed. Jean Bonville said there is $12,000 in the account now.
Selectman Damon Pascal wanted to decrease line #1500, the amount for overtime. She understood the money is for there for Main Street sweeping because people wanted it done by hand. Town Manager MacDonald said Selectmen, responding to citizen concerns, did not want the street sweeper or the back packer being used on Main Street. Selectmen discussed whether or not merchants should be responsible for cleaning their own sidewalks. Selectman Damon Pascal said, speaking from her own experience, they had to sweep the sidewalk and the street in front of their restaurant everyday. Selectman also discussed whether or not the other villages' sidewalks should be included. Selectman Coombs said this job was created for this building and its grounds and Main Street, catching up on needs inside the building during rainy days. In the
winter it was thought he would have time to maintain this building.
Selectmen discussed taking overnight parking regulations and sidewalk cleaning to the Traffic Committee. Selectman Coombs suggested hiring someone to clean Main Street for July and August only. Chairman Savage recommended leaving the money in there and then, if they disagreed about the quality of the job, that matter could be brought up through other channels.
Selectman Smallidge suggested adding $16,000 the Town Office Building reserve bringing it to $20,000. The rest of the Board agreed.
MOTION: Selectman Damon Pascal moved to approve the amended # 0407 Building and Grounds budget for $94,118, seconded by Selectman Suminsby. The vote was unanimous in favor.
#0409 Town Manager MacDonald said the big increase is to pay Jean Bonville while Kim Parady is out for 4 to 6 weeks.
MOTION: Selectman Damon Pascal moved to accept the budget for Town Clerk/Registrar as stated at $56,209, seconded by Selectman Suminsby. The vote was unanimous in favor.
MOTION: Selectman Damon Pascal moved to accept #0435 in the amount of $29,180, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: Selectman Damon Pascal moved to accept the Recreation budget, #0450 in the amount of $62,697, seconded by Selectman Smallidge, who said this is peanuts for recreation. The vote was unanimous in favor.
#0454 Sewers. Jean Bonville said an article would need to be added for septic tank payments. Town Manager MacDonald said the cost, which he estimated at $177,000, had not yet been approved and would have to be added to the Warrant.
Referring to the draft for the Rural Wastewater Support Ordinance, Selectman Damon Pascal asked about the definitions for resident and non-resident. Town Manager MacDonald read the definitions which were then discussed, especially in reference to the Homestead Exemption portion. He did not think the lawyer was looking at the new threshold for the Homestead Exemption. Chairman Savage said money needs to be put in the budget for some anticipated payments. He advised making this subject a top priority for the Jan. 5th meeting.
#0461 Selectman Suminsby asked if the Harbormaster had opted not to request funds for dredging reserve. Selectman discussed funding for dredging. Selectman Suminsby said it is necessary to keep the status quo for its operation. Town Manager MacDonald said the marina does generate a positive cash flow. He agreed with Selectman Suminsby that it is important to keep that revenue generating and suggested dedicating a portion of that a revenue into a fund for improvements rather than putting it into a general fund for the Town. Chairman Savage favored keeping the reserve going. Chairman Savage suggested approving the budget as presented for all the harbors and expressing a concern about an additional amount for dredging. This would expedite the process.
MOTION: Selectman Damon Pascal moved to approve #0461 $365,756 budget for the Northeast Harbor Marina with an anticipated recommendation from the Harbormaster about dredging at the next meeting, seconded by Selectman Suminsby. The vote was unanimous in favor.
MOTION: Selectman Suminsby moved to approve the requested # 0462 budget of $17,637 for Seal Harbor Marina, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: Selectman Suminsby moved to approve the requested #0464 budget of $15,300 for Bartlett Narrows, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: Selectman Suminsby moved to approve the requested #0466 budget of $16,000 for Somes Harbor, seconded by Selectman Coombs. The vote was unanimous in favor.
MOTION: Selectman Suminsby moved to approve the requested #0471 Finance budget for $26,500, seconded by Selectman Smallidge. The vote was unanimous in favor.
MOTION: Selectman Suminsby moved to approve the requested Dept #0474 Personnel budget for $673,236, seconded by Selectman Coombs. The vote was unanimous in favor.
#0489 Other Expenses. Town Manager MacDonald said the tax assessor doesn't have a number for this item yet.
Chairman Savage asked about former Police Chief Doyle, saying Selectmen need to hear from him by next week if he wants them to do something. Town Manager MacDonald said he had attempted to contact him many times. The ball is in the former Police Chief's court. He said an agreement is needed by January 12 in order to put it on the Warrant.
X. Treasurer's Warrants
Approve Treasurer's Warrants as presented.
Signed as presented.
XI Executive Session
None requested
At 8:42 p.m. 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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