Town of Mount Desert
Board of Selectmen
Meeting Minutes September 17, 2012
A meeting of the Board of Selectmen was held this date in the Community Room of the Seal Harbor Fire Station, Seal Harbor, Maine.
Those present included: Selectmen Martha Dudman, John Macauley, and Dennis Shubert; staff members Town Manager Durlin Lunt, Assessor Kyle Avila, Fire Chief Mike Bender, Public Works Director Tony Smith, Treasurer Kathi Mahar, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Chairman Tom Richardson and Selectman Mooers were excused.
I Call to order at 6:30 p.m.
Secretary Macauley called the meeting to order at 6:30 p.m.
II Public Hearing(s)
A. None
III Minutes
A. Approval of minutes from September 4, 2012 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the minutes from September 4, 2012 as presented. The vote was unanimous in favor, 3-0.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to take Agenda item VIII A out of order. The vote was unanimous in favor, 3-0.
VIII New Business
A. New E911 Road Name, resolution
Assessor Avila explained that the parties involved have come to an impasse. Regarding the naming of private roads, his informal policy is to have anyone with an interest weigh in on the name. In this instance, the parties disagree and he is seeking Board guidance to resolve.
Both parties were present. Mrs. Barrows spoke first and stated her husband is a Maine resident and registered voter in the Town of Mount Desert. They have requested naming the road Barrows Way because they own it. Mrs. Cheston spoke and said she is in the process of becoming a resident. She has tried talking with Mr. and Mrs. Barrows to no avail. After several minutes of listening to back and forth allegations, Selectman Shubert asked if there was any legal standing. Assessor Avila replied the “road” is a right-of-way. The Barrows own the property; Ms. Cheston has a r-o-w over the property.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize the Assessor to seek legal advice from the Town attorney as to who has precedence.
DISCUSSION: Assessor Avila suggested asking Maine Municipal Association’s Legal Services, at no cost. Board agreed.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to amend the original motion to seek legal advice from Maine Municipal Association’s Legal Services.
VOTE: The vote to amend the main motion was unanimous in favor, 3-0. The vote on the main motion, as amended, was unanimous in favor, 3-0.
IV Appointments, Recognitions, Resignations
A. Accept, with regret and best wishes, the resignation of Public Works Superintendent Ken Poors effective August 30, 2013
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to accept with regret the resignation of Public Works Superintendent Ken Poors effective August 30, 2013, and offer him their best wishes. The vote was unanimous in favor, 3-0.
B. Recognize Code Enforcement Officer Kim Keene’s State Certification (MUBEC)
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to recognize Code Enforcement Officer Kim Keene’s State Certification (MUBEC) with congratulations. The vote was unanimous in favor, 3-0.
C. Recognize Wastewater Treatment Assistant Operators, Patrick Smallidge and Michael Walls, who join Charles Croan, in completing the Operation of Wastewater Treatment Plants from California State University
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to recognize Wastewater Treatment Assistant Operators, Patrick Smallidge and Michael Walls, with congratulations, who join Charles Croan, in completing the Operation of Wastewater Treatment Plants from California State University. 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 Monthly Reports: Public Works, Wastewater, Fire, Treasurer
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to accept Consent Agenda item A as presented. The vote was unanimous in favor, 3-0.
VI Selectmen’s Reports
None presented.
VII Old Business
A. Village Green Use Policy, Proposed Revision
Town Manager Lunt explained the committee that proposed the policy had not intended to exclude Major Events in July and August. The objective is to encourage events on the Green, such as the Junior Olympics.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to remove VII A) ix) [c] “Major Events will not be allowed in July or August unless the event is an Independence Day celebration or takes place on the Saturday and/or Sunday immediately prior to Labor Day” from the Village Green Use Policy. The vote was unanimous in favor, 3-0.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to reapprove Permit# 004-2012 issued to Marc L Fink for August 3-4, 2013. The vote was unanimous in favor, 3-0.
B. Municipal Officers’ Certification of Official Text of Proposed Ordinance for Secret Ballot Referendum Special Town Meeting, November 6, 2012
Town Clerk Nolan explained these three agenda items (VII B., C., and D.) are necessary steps for the Board to take for the Special Town Meeting. Item B. certifies the text of the Moratorium Ordinance; C. orders that the election be a secret ballot referendum; and D. sets the dates for the public hearings.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve and sign the Municipal Officers’ Certification of Official Text of Proposed Ordinance [Moratorium Ordinance Regarding Mineral Extraction] for the Secret Ballot Referendum Special Town Meeting, November 6, 2012. The vote was unanimous in favor, 3-0.
C. Municipal Officers’ Order for Secret Ballot Referendum Special Town Meeting, November 6, 2012
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve and sign the Municipal Officers’ Order for the Secret Ballot Referendum Special Town Meeting, November 6, 2012. The vote was unanimous in favor, 3-0.
D. Municipal Officers’ Notice of Public Hearings for Secret Ballot Referendum Special Town Meeting, November 6, 2012
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve and sign the Municipal Officers’ Notice of Public Hearings on October 1, 2012 and October 15, 2012 for the Secret Ballot Referendum Special Town Meeting, November 6, 2012. The vote was unanimous in favor, 3-0.
VIII New Business, continued
B. Proposed New Hiking Trail in Otter Creek
Selectman Macauley endorsed the proposed new hiking trail. This will help the efforts being made to maintain the trails.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to support the proposed trail connecting Blackwoods Campground and the Gorham Mountain hiking trail. The vote was unanimous in favor, 3-0.
C. Maine Municipal Association Annual Business Meeting Voting Delegates
Town Manager Lunt explained that Treasurer Mahar is attending the MMA Convention and he recommends she be designated as a Voting Delegate.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to appoint Treasurer Kathryn Mahar as the official Voting Delegate to the MMA Annual Business Meeting scheduled to be held October 3, 2012. The vote was unanimous in favor, 3-0.
D. Municipal Review Committee Inc (MRC) Board of Directors Nominations
Board acknowledged Public Works Director Smith’s request to be nominated.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to nominate Public Works Director Smith to the Municipal Review Committee, Inc. Board of Directors. The vote was unanimous in favor, 3-0.
E. Cultural and Artistical Representation in Town Office, discussion
Town Manager Lunt referenced his draft letter to potential participants included in the Board’s packet for this meeting. He suggests a rotating schedule of exhibits. Selectman Dudman recommended adding contacts from the Northeast Harbor Library and Maritime Museum. Board offered its support.
F. Such other business as may be legally conducted
Town Manager Lunt reported that Town Clerk Nolan was contacted today by the Elections Division of the Secretary of State’s office with an offer of a ballot tabulating machine. Town Clerk Nolan explained that the State, along with the Help America Vote Act, is striving to bring consistency to the election process throughout the State. It is the hope that eventually all towns will have similar, if not the same, tabulating machines. Currently the only cost to the Town will be if it chooses to use the machine for municipal elections.
Selectman Shubert moved, seconded by Selectman Dudman to accept, with delight, a ballot tabulating machine from the State. The vote was unanimous in favor, 3-0.
IX Committee Meeting Reports
A. Investment Committee Meeting Minutes August 13, 2012
Selectman Shubert commended Treasurer Mahar for her efforts organizing the meeting. Christopher Willis declined the chair given his recent status with the committee. Selectman Shubert summarized the Town's financial position by stating that the Town (as of June 30, 2012) had 6 million dollars of working capital, 4.5 million dollars of allocated reserves and 1.6 million dollars of unallocated reserves. Our major investment account has a balance of 6.350 million of which 1.6 million is included in working capital. Selectman Shubert reported that in his experience and brief survey the 3 million dollars in equities reflects a more agressive approach than is usual for a town. He pointed out that approximately 1.5 million dollars in the investment account results from investment gains. This means that if we lost
one half of our equity investment value, we would not have lost any initial tax payer dollar. The investment committee suggested that no changes be made, however it was felt that the Town should re-examine its banking relationships to improve services and lower cost.
After a brief discussion regarding cash accounts and the number of banks used by the town,
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to authorize Treasurer Mahar to formally issue RFP’s for bank services. The vote was unanimous in favor, 3-0.
Treasurer Mahar stated she will try to have a draft RFP for the Board’s consideration at its October 15, 2012 meeting.
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #36 in the amount of $654,013.27
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve Treasurer’s Warrant #36 in the amount of $654,013.27. The vote was unanimous in favor, 3-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 7:15 p.m. Selectman Dudman moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was unanimous in favor, 3-0.
Respectfully submitted,
John B. Macauley
Secretary
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