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Selectmen Meeting Minutes - 04/17/12
Town of Mount Desert
Board of Selectmen

Meeting Minutes April 17, 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, and Rick Mooers; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Harbormaster Shawn Murphy, Code Enforcement Officer Kim Keene, 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.      Special Amusement Permit by Giant Slide food Company, LLC d/b/a Watermark Restaurant
Chairman Richardson opened the public hearing at 6:31 p.m. and asked for public comment.  Hearing none, he closed the public hearing at 6:32 p.m.

III     Minutes
A.      Approval of minutes from April 2, 2012 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the minutes from April 2, 2012 as amended.  The vote was unanimous in favor, 3-0.

IV      Appointments & Recognitions
A.      Bi-annual appointment of Election Clerks (Title 21-A §503)
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to appoint the list of Election Clerks as presented.  The vote was unanimous in favor, 3-0.

B.      Kudos to CEO Kim Keene from ZBOA member
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to acknowledge the praise of CEO Kim Keene from ZBOA member Kevin Walls.  The vote was unanimous 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:  Fire Chief, Public Works Director, Wastewater Treatment Plant Superintendent, Treasurer
B.      Marina Revenue Report for March 2012
C.      Sidewalk Construction Schedule
D.      Dobbs Productions Inc request to use public access channel 2
E.      Hancock County SEP Accountability Report from Ellsworth Fire Dept. Inspector Michael Hangge
F.      MMA Property & Casualty Pool value of membership
G.      Northeast Harbor Marina Project update
H.      Submerged Lands Application – Camp Beech Cliff, Echo Lake, Mount Desert
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge receipt of and approve Consent Agenda items A – H as presented.  The vote was unanimous in favor, 3-0.

Selectman Dudman asked if Dobbs Productions use of the access channel had any monetary value, and Town Manager Lunt replied, no; this is an annual request.

VI      Selectmen’s Reports
None presented.

VII     Old Business
None presented.

VIII    New Business
A.      Application for Special Amusement Permit by Giant Slide food Company, LLC d/b/a Watermark Restaurant
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the application for a Special Amusement Permit by Giant Slide Food Company, LLC d/b/a Watermark Restaurant.  The vote was unanimous in favor, 3-0.

B.      Citizen request regarding Mooring Late Fee assessment
Harbormaster Murphy said although the application wording refers to an application deadline date of March 1st, necessity of payment is implicated.  He went on to explain the on-line registration system records the date applications are received and the complainant’s application was received after deadline date of March 1, 2012.

Board agreed to take no action.

C.      Village Green Use Policy applications from Neighborhood House
Anne-Marie Hart from the Neighborhood House was present and reiterated the requests.

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the Village Green Special Event Application from the Neighborhood House for a steel drum band concert on July 26, 2012.  The vote was unanimous in favor, 3-0.

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the Village Green Special Event Application from the Neighborhood House for its annual BBQ on May 28, 2012.  The vote was unanimous in favor, 3-0.

D.      Citizen’s Petition for a Town Meeting to amend the LUZO
Chairman Richardson said he did not find anything illegal or moot with the petition.  Once accepted by the Board, the proposed change to the LUZO must be presented to the Planning Board for a public hearing.  The Planning Board will then make its recommendation to the Board of Selectmen.  Mr. Gray questioned the purpose of the public hearing since, as he understands, the proposal cannot be substantively changed.  It was explained that the LUZO requires a public hearing for any proposed change.

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to accept the petition as presented and to move forward.  The vote was unanimous in favor, 3-0.

E.      Harbormaster request for approval of MaineDOT Small Harbor Improvement Program 2012 Letter of Intent to Apply Form

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve and authorize the Harbormaster to sign the MaineDOT Small Harbor Improvement Program 2012 Letter of Intent to Apply Form.  The vote was unanimous in favor, 3-0.

F.      MaineDOT 2014-2015 Transportation Project Requests survey
Public Works Director Smith explained this is an opportunity that comes up on even numbered years to request/recommend specific highway/transportation projects to the Maine DOT for their consideration.

Selectman Dudman suggested adding the sidewalk between Asticou and Thuya Drive; it contains several holes.  Public Works Director Smith said he will look at it and add it to the list.

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize Chairman Richardson to sign and to approve submission of MaineDOT 2014-2015 Transportation Project Requests survey form.  The vote was unanimous in favor, 3-0.

G.      Approve updated list of various bank account signatories
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the changes in signatories as presented in Attachment A to these minutes. The vote was unanimous in favor, 3-0.

H.      Authorize Treasurer to provide instructions to BHTS for Mount Desert Cemetery Trust Account
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize Treasurer Kathryn Mahar to provide instructions to BHTS for Mount Desert Cemetery Trust Account Number 56005879001.  The vote was unanimous in favor, 3-0.

I.      Such other business as may be legally conducted
Public Works Director Smith said he has new information on the previously approved Somesville sidewalk project.  Some of the residents now would like 800 feet of the sidewalk , near the Pretty Marsh Road, to remain because it slows down traffic.  He has been discussing the issue with MaineDOT.  Board agreed it would like to hear what MaineDOT has to say before it makes any decisions.

IX      Committee Meeting Reports
A.      None

X       Treasurer’s Warrants
A.      Approve Treasurer’s Warrant #125 in the amount of $1,057,108.83
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve Treasurer’s Warrant #125 in the amount of $1,057,108.83.  The vote was unanimous in favor, 3-0.

B.      Approve Treasurer’s Warrant #126 in the amount of $12,235.05
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve Treasurer’s Warrant #126 in the amount of $12,235.05.  The vote was unanimous in favor, 3-0.

XI      Executive Session
A.      None

XII     Adjournment
MOTION:  At 7:04 p.m. Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting.  The vote was unanimous in favor, 3-0.

Respectfully submitted,




John B. Macauley
Secretary
ATTACHMENT A

TO:  BOARD OF SELECTMEN, TOWN OF MT DESERT
DATE:  April 17, 2012
FROM:  JOHN A GRAVES, TREASURER
RE:  TREASURER TRANSITION

PLEASE ACCEPT THE FOLLOWING LIST OF BANK INFORMATION AND SIGNATORIES AS A FORMAL TRANSITION OF ALL THE DUTIES AND LEGAL RESPONSIBLITIES ASSOCIATED WITH THESE ACCOUNTS FROM MYSELF (JOHN A GRAVES) TO KATHRYN A MAHAR EFFECTIVE APRIL 18TH, 2012:
Bar Harbor Banking & Trust Co
        General Fund Checking – #77508066 – General Ledger account # 11010
Signatories:  Jennifer McWain (continue), Joelle Nolan (continue),
John Graves (delete), and add Kathryn Mahar
        Sweep Account – ICS – #77508066 – General Ledger account# 11035
Signatories:  Jennifer McWain (continue), Joelle Nolan (continue),
John Graves (delete), and add Kathryn Mahar
        MDES Account – #81501610 – General Ledger account # 11012
Signatories:  Jennifer McWain (continue), Joelle Nolan (continue),
John Graves (delete), and add Kathryn Mahar
        DEP Project Account – #81507511 – General Ledger account #11017
Signatories:  Jennifer McWain (continue), Joelle Nolan (continue),
John Graves (delete), and add Kathryn Mahar
        VISA Cards – Account #4798-5100-4312 _ _ _ _
Signatories:  Durlin Lunt (continue), Joelle Nolan (continue), John Graves (delete), Tony Smith (continue), Michael Bender (continue), James Willis (continue), Shawn Murphy (continue), Kyle Avila (continue),
and add Kathryn Mahar

The First
        General Checking - #85145443 – General Ledger account #11030
Signatories:  Jennifer McWain (continue), Joelle Nolan (continue),
John Graves (delete), and add Kathryn Mahar
        Safe Deposit Box - #37
Signatories:  Jennifer McWain (continue), Margaret Porter (continue), Claire Woolfolk (continue), Joelle Nolan (continue), John Graves (delete), and add Kathryn Mahar

Camden National Bank
        General Checking - #97078723 (includes sweep) – General Ledger account #11020
Signatories:  Jennifer McWain (continue), Joelle Nolan (continue),
John Graves (delete), and add Kathryn Mahar

Camden National Bank (Continued)
        Night Depository -  
Signatories:  Jennifer McWain (continue), Joelle Nolan (continue),
John Graves (delete), and add Kathryn Mahar

Acadia Trust, NA
        Investment Account #45-3153 – g/l account # 11110
Signatories:  Board of Selectmen (continue), Durlin Lunt (continue),
John Graves (delete) and add Kathryn Mahar