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Selectmen Meeting Minutes - 04/16/13
Town of Mount Desert
Board of Selectmen
Meeting Minutes
April 16, 2013

A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.

Those present included: Chairman Tom Richardson; Selectmen Martha Dudman and Rick Mooers; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.  Selectmen John Macauley and Dennis Shubert were excused.


I.      Call to order at 6:30 p.m.
Chairman Richardson called the meeting to order at 6:30 p.m.

II.     Public Hearing(s)
A.      None

III.    Minutes
A.      Approval of minutes from April 1, 2013 meeting.

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the minutes from April 1, 2013 meeting.  The vote was in favor, 3-0.

IV.     Appointments & Recognitions
A.      Wastewater Treatment Dept: Praise from DEP

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to acknowledge with congratulation the letter of praise from DEP for the Wastewater Treatment Department.  The vote was in favor, 3-0.

V.      Consent Agenda (These items are considered routine, and therefore, may be passed by the Selectmen in one blanket motion.  Board members may remove any item for discussion by requesting such action prior to consideration of that portion of the agenda.)
A.      Department Reports: Public Works; Treasurer
B.      Annual Town Meeting Warrant Financial Statement Revision
C.      Marine Management Committee Meeting Minutes February 12, 2013 and March 12, 2013
D.      Planning Board Meeting Minutes January 14, 2013 and March 11, 2013
E.      Maine Municipal Association Risk Management Services 2012-2013 Property & Casualty Pool Membership Report

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge receipt of Consent Agenda items A – E.  The vote was in favor, 3-0.

VI.     Selectmen’s Reports
Selectman Mooers presented a copy of a citizens’ informal petition regarding Somesville sidewalks.  The newly constructed sidewalks along Route 198 between the traffic light and Mullen Hill resulted in some non-conformance with ADA requirements regarding pitch and slopes.  Citizen concerns include potential damage to the root systems of numerous old-growth trees within the sidewalk areas.  They also suggested the sloping issue might be frost related.  Selectman Mooers said he met with Public Works Director Smith last week to discuss this issue.  Public Works Director Smith will be meeting with the contractors April 22, which might result in remediation.  Selectman Mooers recommended that this issue be an agenda item for the Board’s May 20th meeting with an update from the contractors meeting.  Board members agreed.

Chairman Richardson noted this is a contractual situation with the use of “best practices”.  Board recognized there are extenuating circumstances to consider; however, there are contract terms and the matter of liability.  Selectman Dudman stated we now have the opportunity for the contractors to make it right.  Public Works Director Smith noted there are some sidewalks in Town constructed by DEP that do not meet ADA requirements.

VII.    Old Business
A.      Funding Bids Municipal Garage Project
Selectman Dudman stated she is on the Board of Directors for Bar Harbor Bank & Trust; therefore, she would need to recuse herself from the vote thereby leaving the Board without a majority.

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to table the issue of Funding Bids for the Municipal Garage Project until the May 7, 2013 Board of Selectmen Meeting.  The vote was in favor, 3-0

VIII.   New Business
A.      Liquor License Renewal Application Journey’s End, Inc. dba Docksider

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the Liquor License Renewal Application from Journey’s End, Inc. dba Docksider.  The vote was in favor, 3-0.

B.      Liquor License Renewal Application Stanley Enterprises, Inc. dba Abel’s Lobster Pound

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the Liquor License Renewal Application from Stanley Enterprises, Inc. dba Abel’s Lobster Pound.  The vote was in favor, 3-0.

C.      Liquor License Renewal Application Emily N Damon/Giant Slide Food Co dba Watermark Restaurant & Lounge

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the Liquor License Renewal Application from Emily N Damon/Giant Slide Food Co dba Watermark Restaurant & Lounge.  The vote was in favor, 3-0.

D.      Boating Facilities Fund Grant, Authorization to Apply
Chairman Richardson requested that Harbormaster Murphy provide the Board with a plan for the placement of the finger floats.

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to authorize the Harbormaster to apply for a Boating Facilities Fund grant for the purpose of reconstructing the Northeast Harbor Boat Launch.  The vote was in favor, 3-0.

E.      Such other business as may be legally conducted
None presented.

IX.     Treasurer’s Warrants
A.      Approve & Sign Treasurer’s Warrant #118 in the amount of $377,770.36
B.      Approve Signed Treasurer’s State Fee Warrant #’s 114 & 116 in the amount of $74,769.25 and $7,208.80, respectively
C.      Approve Signed Treasurer’s Wage & Benefit Warrant #’s 115 & 117 in the amount of $45,762.38 & $41,186.02, respectively
D.      Acknowledge Treasurer’s School Board Payroll Warrant #19 in the amount of $133,798.96

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve and acknowledge Treasurer’s Warrants totaling $680,495.77 as described in agenda items IX. A. – D.  The vote was in favor, 3-0.

X.      Executive Session
A.      None

XI.     Adjournment

MOTION: At 6:56 p.m., Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting.

Respectfully submitted,



John B. Macauley
Secretary