Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
January 3, 2012
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, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Harbormaster Shawn Murphy, Assessor Kyle Avila, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I Call to order at 6:00 p.m.
Chairman Richardson called the meeting to order at 6:00 p.m.
II Executive Session
A. 1 MRSA §405(6)(C) Discussion or consideration of the conditions for disposition of publicly held property
MOTION: At 6:05 p.m. Selectman Macauley moved, seconded by Selectman Mooers, to enter into Executive Session regarding 1 MRSA §405(6)(C) Discussion or consideration of the conditions for disposition of publicly held property. The vote was unanimous in favor, 5-0.
MOTION: At 6:25 p.m. Selectman Mooers moved, seconded by Selectman Macauley, to close the Executive Session.
III Minutes
A. Approval of minutes from December 19, 2011 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the minutes from December 19, 2011 as amended. The vote was unanimous in favor, 5-0.
IV Appointments & Recognitions
A. None presented
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. Northeast Harbor Marina Project Update from CES, Inc
B. Stanley Brook Bridge Project Meeting Minutes 11/30/2011
C. Department Head Reports: Assessor
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to acknowledge receipt of Consent Agenda items A – C. The vote was unanimous in favor, 5-0.
VI Selectmen’s Reports
Selectman Mooers introduced the subject of the Executive Session, noting that no action may be taken during an Executive Session. Julie Chase Donohue and her brother Ronnie Chase have proposed that the Town of Mount Desert sell its interest in a parcel of land located in Otter Creek to them. Selectman Mooers described the land as a piece of property that has been severely encumbered by liens, ownership questions, and tax issues over the past several years. [Mrs. Donohue and Mr. Chase have spent many years and dollars working with an abstractor to purchase other interests in the land, including two of the three people that the Town acquired the property from.] Selectman Mooers went on to suggest that it is a fair solution to yield to the folks who have the lion’s share of
interest in the property. There is no value to any other party. Even if the Town’s interest could be clarified, it would likely be less than $20,000. An offer has been proffered for $12,000, which seems fair.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to place an article in the 2012-2013 Warrant for the May 7 & 8, 2012 Annual Town Meeting for the sale of this Town’s interest in the land [Tax Map 008 Lot 001] for $12,000.
DISCUSSION: Selectman Shubert thought it worthwhile to note, since when it comes to Town Meeting the Board has to be prepared to support its position, that we thought we had 1/3 interest in the land, and although our interest is not clear, it is less than that. The other issue is who else would purchase our interest; certainly, no one is going to walk in off the street and offer $25,000. While the land might be worth $25,000, it is fair to reduce the value under these circumstances.
VOTE: The vote was unanimous in favor, 5-0.
VII Old Business
A. Wastewater Truck Bids
As outlined in his memo dated December 28, 2011, Public Works Director Smith explained the bid process; of the bids solicited from 4 dealers, three were received. He recommends the low bid from Varney’s GMC.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to award the bid for the Wastewater Division pick-up truck to Varney GMC for $20,802.00, and to authorize payment from account G20-24105-83 Wastewater Work Truck Reserve. The vote was unanimous in favor, 5-0.
B. Public Works Infrastructure Improvement Schedule
Public Works Director Smith referred to his memo dated December 28, 2011. The schedule shows nearly 11million dollars could be spent over the next 5 years; of which1.5 million is already bonded for sidewalk design and construction. Mr. Smith said that although the entire list of infrastructure improvements are important, at the very least, he would like to put the design of a new highway garage and the Northeast Harbor Wastewater Treatment Plant upgrade as priorities.
Board thanked Public Works Director Smith for the information and his efforts.
VIII New Business
A. Citizen Request to Rent Space in Seal Harbor to Store Trailer
Steve Zirnkilton was present and explained that he has stored his snowmobile trailer at a neighbor’s property. However, the neighbor is selling the property and the storage space is no longer available. Mr. Zirnkilton proposed renting space from the Town, specifically space in the parking lot near the Village Market, Main Street, Seal Harbor. Public Works Director Smith noted the lower lot is used for snow removal. Selectman Shubert wondered how the Board has dealt with these types of requests; and what the policy is. Typically is there a charge? Chairman Richardson explained there is no policy; however, the Board must be careful about setting a precedent. Selectman Macauley agreed; he, too, is concerned about setting a precedent.
Mr. Zirnkilton wondered how his request differs from renting space at the Northeast Harbor Marina for boat storage. He has rented space at the Northeast Harbor Marina for his boat storage, as do many other boat owners. Chairman Richardson said that is a long term practice; there is no basis for setting a fee for the kind of storage requested. Citizen Ann Funderburk remarked there is a history of stored boats at the Seal Harbor Beach parking lot, in the 70’s and 80’s. Selectman Mooers suggested the precedent is already set from storing boats in the municipal parking lot; a trailer should be ok.
Discussion continued with points made regarding how to handle full lots, there be no advertising, fees, and the importance of a hold harmless agreement. Public Works Director Smith suggested space could be designated for trailer storage at the Seal Harbor lot.
It was noted that a similar request was brought before the Board several weeks ago; however, payment was not offered by the requestor.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to allow Mr. Zirnkilton to park his snowmobile trailer at the Town owned lot off Main Street, Seal Harbor in a space designated by the Public Works Director; said trailer to be removed before Memorial Day; with a fee of $135 for the current season.
DISCUSSION: Selectman Dudman expressed concerns about where the Board draws the line in renting space on Town owned land. The point was made that boat storage in the Northeast Harbor municipal parking lot is grandfathered.
VOTE: The vote failed 2-3, with Chairman Richardson, Selectman Macauley, and Selectman Dudman voting against.
B. Such other business as may be legally conducted
Citizen Chuck Bucklin asked what is going to happen to the dumpsters at the Northeast Harbor Marina. Public Works Director Smith said he will have recommendation at a future Board meeting.
C. Update on Somesville Route 102 turn lane onto Route 198
Public Works Director Smith reported that he has been working with DOT. There is a program with a 50/50 match. The project cost is estimated at $150,000 which means a $75,000/$75,000 split. He said that although he would rather have such funds available for our own roads, the project is certainly worthwhile. He suggests enlisting participation from the towns of Southwest Harbor and Tremont. Board briefly discussed and agreed.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to support the proposed effort to update the Somesville Route 102 turn lane onto Route 198, and to authorize the Public Works Director to solicit other towns for monetary assistance.
DISCUSSION: Selectman Shubert suggested any effort to decompress the long line of traffic in Somesville is worth it.
VOTE: The vote was unanimous in favor, 5-0.
Town Manager Lunt said he will mention the proposal at the League of Towns collaboration meeting on January 25th.
IX Committee Meeting Reports
A. None
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #84 in the amount of $550,280.57
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant #84 in the amount of $550,280.57. The vote was unanimous in favor, 5-0.
XI
A. None
XII Adjournment
MOTION: At 7: p.m., Selectman Macauley moved, seconded by Selectman Dudman, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectively submitted,
John Macauley
Secretary
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