MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 8, 2010
A meeting of the Board of Selectmen was held this date in the Mellon Room at the Northeast Harbor Library, in Northeast Harbor.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, Marilyn Damon, and Jean Bonville, Interim Town Manager Durlin Lunt, Public Works Director Tony Smith, Harbor Master Shawn Murphy, Joelle Nolan, Town Clerk, Finance Director John Graves, Recording Secretary Jennifer McWain, and members of the public.
Call to order.
Chairman Richardson called the meeting to order at 6:30PM
Minutes
None
Appointments and Communications
None
IV. Consent Agenda
A. Acknowledge receipt of letter of appreciation from Bar Harbor Food Pantry.
B. Acknowledge receipt of Acadia National Park Advisory Commission commendation to Towns of Bar Harbor and Mount Desert.
C. Approve malt, spirituous and vinous liquor license for WinterSpring Inc. d/b/a Colonel’s Restaurant.
D. Acknowledgement of Mount Desert Housing Authority Capital Fund Recovery Grant.
E. Acknowledgement of Time Warner Cable notice of possible cease carriage of one or more services/channels.
F. Acknowledgement of Statement of Consolidated Plan Cost from Maine Public Employees Retirement System.
G. Acknowledge receipt of monthly financials, Revenue Report, Expense Report and General Ledger.
H. Acknowledgement of monthly department reports, Assessor, Harbor Master, Public Works Highway, Wastewater, Code Enforcement, Police Fire, Town Clerk and Finance Director.
Selectman Mooers moved to approve items A, B, D, E, F, G, and H of the Consent Agenda as presented, seconded by Selectman Damon. The motion was approved 5-0.
Item C of the Consent agenda Selectman Bucklin moved to approve the malt, spirituous and vinous liquor license for WinterSpring Inc. d/b/a Colonel’s Restaurant, seconded by Selectman Bonville. The motion was approved 5-0.
Selectmen Reports
Selectman Bonville stated that she had been in contact with the Summer Resident’s Association and that she reported to them that she withdrew the proposed change to the charter to change Town Meeting date. The Association was very gracious.~ They were disappointed. ~A suggestion that came out of the conversation was that perhaps the Board of Selectmen could meet with them at one of their summer meetings and discuss what went on at the Annual Town Meeting.
VI. Old Business
A. Approve Public Hearing Notice for Charter Amendment, and approve Order.
Selectman Mooers moved to approve the Public Hearing Notice for Charter Amendment, and approve Order, per requirements of the Town Charter and State law, seconded by Selectman Bonville. The motion was approved 5-0.
B. Discussion of disposal of tax acquired property.
Finance Director Graves spoke of two tax acquired properties as a result of the foreclosure of~ 2007 liens, one being property and the second being a trailer. He stated that he was having difficulty notifying the property owners. ~Finance Director recommends the Town attempt to redeem these properties to the former owner. He further recommended that the Town allow 30 days to contact them and inform them of the situation, and once reached allow the property owners another 90 days to redeem the property for all the back taxes, principle and interest owed at the time of redemption. If the Town is unable to locate the property owners, or they do not redeem the property in a timely manner, he then recommended the Town proceed with disposal
under the appropriate Town procedure. No action was taken
C. Discussion of a tax acquired property.
Finance Director Graves stated that he sent foreclosure notices to seven property owners who had 2007 liens in their property. Of the seven, five owners redeemed these liens and all other past real estate tax obligations they owed the Town. On February 19th the liens foreclosed on the two remaining 2007 liens and the Town has acquired these properties. Finance Director Graves stated that these properties are vacant and have remained vacant during the time of the foreclosure. Selectman Bonville stated that Mr. Stone, who owns one of the properties that has been foreclosed on, has been through this process before.~ She asked if the 90 day period will start when you reach them? Finance Director Graves and Selectman Bonville agreed
90 days starts the day you reach property owner. Finance Director Graves stated that he is trying to formulize a standard procedure.
~~~~~~~~~~~ Chairman Richardson stated that he felt that Finance Director Graves was on the right track with the tax acquired properties. The Board was in agreement with Chairman Richardson’s comment. There was no action taken.
D. Discussion and approve Bill of Sale and Memorandum of Lease for the Great Harbor Maritime Museum.
Interim Town Manager Lunt presented the Board with an early draft of the Bill of Sale and Memorandum of Lease for the Great Harbor Maritime Museum, for the Board to view and comment on. Interim Town Manager Lunt stated that the Town Attorney suggested that the Town use a 20 year lease agreement instead of perpetuity, so the Town can re-evaluate its possible need for the property.~ If at the end of the 20 year lease the Town feels that it needs the property such an agreement would allow termination of the lease and a return sale to the Town. Selectman Bonville stated that she had concerns in that the original vote on the Town Meeting article stated that the building would be sold to the museum for a $1.00 and the land under the museum would
be leased, and the only way that the Museum would come back to the Town is if the museum should cease to exist.~ This constitutes a change in the language of the original article. Interim Town Manager Lunt stated that he and the Museum did not see a problem with the latest changes to the agreement. He will have an agreement ready to be signed by the end of March. No action taken.
E. Discussion and approval of appropriations and warrants.
This item was taken out of order. Chairman Richardson read the articles as follows;
~~~~~~~~~~~ Selectman Mooers moved to accept Article 3 as written, seconded by Selectman Bonville, the motion was approved 5-0.
~~~~~~~~~~~
~~~~~~~~~~~ Selectman Bonville moved for recommendation for Article 4, seconded by Selectman Mooers, the motion was approved 5-0. There was discussion to change Article 5 (non-voters shall be allowed to speak during Town Meeting) to Article 4, and change Article 4 to become Article 5.~ The Board agreed to move the Articles. Selectman Mooers moved recommendation of passage and the vote to be done by written ballot on the Town Meeting floor as recommended by the Marine Management Committee, seconded by Selectman Bonville. The motion was approved 5-0.
~~~~~~~~~~~ Selectman Bonville moved for passage of Article 5, seconded by Selectman Mooers. The motion was approved 5-0.
~~~~~~~~~~~ Selectman Mooers moved for passage of Article 6, seconded by Selectman Bucklin.~ The motion was approved 5-0.
~~~~~~~~~~~ Selectman Bonville moved for passage of Article 12, seconded by Selectman Mooers. The motion was approved 5-0.
~~~~~~~~~~~ Selectman Bonville moved for passage of Article 13, seconded by Selectman Mooers.~ The motion was approved 5-0.
~~~~~~~~~~~ Selectman Bonville moved for passage of Article 14, seconded by Selectman Mooers. The motion was approved 5-0.
~~~~~~~~~~~
~~~~~~~~~~~ Selectman Bonville moved for passage of Article 15, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Mooers moved for passage of Article 16, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 17, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Mooers moved for passage of Article 18, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville wanted everyone to know that this represented a change in Article 19, and would like to move the due date for taxes back to July 1st. Selectman Mooers moved for passage of Article 19 as corrected with a due date of July 1st, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Bonville moved for passage on Article 20, seconded by Selectman Bucklin.~ The motion was approved 5-0.
Selectman Bonville moved for passage on Article 21, seconded by Selectman Bucklin.~ The motion was approved 5-0.
Article 22 To see what sum the Town will vote to raise and/or appropriate to pay overpayment of taxes (due to abatement) and applicable interest granted during the fiscal year. The Board of Selectmen recommends appropriation for abatement from overlay.
Selectman Bonville moved for passage on Article 23, seconded by Selectman Bucklin.~ The motion was approved 5-0.
Selectman Bonville moved for passage on Article 24, seconded by Selectman Bucklin.~ The motion was approved 5-0.
Selectman Mooers moved for passage on Article 25, seconded by Selectman Bonville.~ The motion was approved 5-0.
Selectman Mooers moved for passage on Article 26, seconded by Selectman Bonville.~ The motion was approved 5-0.
Selectman Bonville moved for passage on Article 27, seconded by Selectman Bucklin.~ The motion was approved 5-0.
Selectman Mooers moved for passage of Article 28, appropriating $1,443,964, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 29, appropriating $837,189.00, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Mooers moved for passage of Article 30, with an amount of $3,000.00, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 31, with an amount of $965,347.00 with $677,691.00 for Police and $287,656.00 for Communications, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 32, with an amount of $712,960.00, with $434,460.00 for Fire, $273,500.00 for Hydrants and $1,000.00 for Emergency Management, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 33, with an amount of $2,278,904.00, with $1,457,819.00 for Roads, $$32,486.00 for Parks/Cemeteries, $212,479.00 for Buildings and Grounds and $576,120.00 for Waste Management, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 34, with an amount of $854,774.00, with $32,000.00 for Sewer Capital, and $822,774.00 for Sewer Treatment, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 35, with an amount of $153,147.00, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 36, with an amount of $1,046,282.00, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved for passage of Article 37, with an amount of $217,867.00, with $57,867.00 to Other Services, and $160, 00.00 for RWWSP, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Mooers moved to table Article 38, there has been no discussion on this and the possibility of removal of the Article, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Mooers moved to table Article 39, seconded by Selectman Bucklin. The motion was approved 5-0.
VII. New Business
A. Discussion and authorize Town Clerk to invite the MDES jazz band to play, and hold a bake sale before the Town Meeting on May 4th.
Selectman Mooers moved to authorize Town Clerk to invite the MDES jazz band to play, and hold a bake sale before the Town Meeting on May 4, 2010, seconded by Selectman Damon. The motion was unanimously approved 5-0.
B. Award Portable Toilet bid to Korey Goodwin of MDI Concrete for $300.00/ month and $35.00/per toilet per extra.
The Board took no action.~ This agenda item was not necessary for Board of Selectmen approval; bid award is under $5,000.00.
C. Review and discuss MDOT Transportation Project Requests Survey.
Public Works Director Smith recommended that this item be tabled; information was missing for the discussion and review.
VIII. General Issues
Chairman Richardson stated that he had asked Town Clerk Nolan to do some research for what is required by the Town for a process of non-binding referendum questions that the Board might want to put out during the Election process. There is a specific procedure for referendum questions. Town Clerk Nolan stated that she had talked to the legal department at Maine Municipal Association and they stated that Title 30-A requires every article printed on a referendum ballot to be the subject of a public hearing.~ Title 30-A ~does not specify or give any indication that this requirement would or would not apply to a non-binding referendum. ~That determination would be the choice of the Board of Selectmen.~ Town Clerk Nolan commented that Maine Municipal Association advised to caution on public awareness.
A. Discussion and recommendation for Town Report dedication.
The Board chose to table this agenda item till the next meeting, at which time they would make recommendations.
IX. Committee Meetings Reports
None
X. Treasurer’s Warrants
None
XI. Executive Session
None
Selectman Mooers moved to adjourn at 8:05PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
| 
