MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, January 5, 2009
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Town Office on 21 Sea Street in Northeast Harbor , Maine.
Those present included: Vice Chairman Patrick Smallidge, Selectmen Jeffrey Smith, Chuck Bucklin, Rick Mooers, and Jean Bonville. Town Manager Michael MacDonald; Assessor Kyle Avila, Code Enforcement Officer Kim Keene, Fire Chief Mike Bender, Police Chief Jim Willis, Town Clerk Joelle Nolan, Deputy Harbor Master John Lemoine, Treasurer John Graves Recording Secretary Jennifer McWain, and members of the public.
I. Call to order.
Vice Chairman Smallidge called the meeting to order at 6:30 p.m.
6:35 PM Public Hearing: Amendments to Harbor Regulations.
Vice Chairman Smallidge opened the public hearing at 6:35PM for the Amendments to the Harbor Regulations for Seafood Buyers Fee. The public hearing saw limited discussion on the effect of the proposed fee increase. Vice Chairman Smallidge closed the public hearing at 6:43PM.
7:00 PM Public Hearing: Town of Mount Desert Comprehensive Plan.
This public hearing was postponed due to the lack of available information necessary for the hearing to be held.
II. Minutes
A. Not available at this time.
III. Appointments and Communications
A. Approve appointment of Mary Lee Bayne, Katherine Bell, and Marilyn Damon as resident members of Mount Desert Public Protection Committee.
Selectman Bonville moved to approve the appointments of Mary Lee Bayne, Katherine Bell, and Marilyn Damon as resident members of Mount Desert Public Protection Committee, seconded by Selectman Bucklin. The motion was approved 5-0.
B. Acknowledge receipt of Olver Associates Weekly Construction Summary for December 12, 2008 and December 19, 2008.
No action acknowledgement of receipt of construction summaries.
C. Acknowledge receipt of Mount Desert Housing Authority payment in lieu of taxes of $4,196.04.
No action acknowledgement of receipt of Mount Desert Housing Authority payment in lieu of taxes of $4,196.04.
D. Acknowledge receipt of RedZone third quarter revenue share of $1,118.47.
No action acknowledgement of receipt of RedZone revenue share, add RedZone to the next agenda to discuss disposition of revenue share.
E. Acknowledge receipt of monthly Department Reports; Public Works, Wastewater, Finance.
No action acknowledgement of receipt of monthly department reports, there were favorable comments on the Finance Director’s monthly report.
F. Acknowledge receipt of Enron Corporation Securities Litigation settlement check of $3,025.55.
Acknowledgement of receipt of Enron Corporation Securities Litigation settlement check; Selectman Bonville moved to return the funds to the investment advisor as income to be distributed among the various reserve accounts and the same procedure is to be followed for future amounts that may be received, seconded by Selectman Smith. The motion was approved 5-0.
G. Acknowledge receipt of Municipal Review Committee tipping fee schedule, cash distributions and dues assessments.
No action acknowledgement of receipt of Municipal Review Committee tipping fee schedule, cash distributions and dues assessments.
IV. Selectmen Reports
Chairman Smallidge commented on the possible effect of the pending excise tax reduction referendum.
V. Old Business
A. Approve amendments to Harbor Regulations.
Selectman Mooers stated that he would support and moved to approve the increase for the Seafood Buyers Fee from $250 to $1000 per year thus changing the Harbor Regulations keeping in line with other towns when it comes to how much they charge for a Sea Food Buyers Fee, seconded by Selectman Bonville. The motion was approved 4-0-1, with Chairman Smallidge recusing himself.
B. Discussion of investment policy, (Smallidge).
There was considerable discussion of the current investment policy. Selectman Bonville moved that the Town Manager MacDonald to schedule a working session with the investment advisor and reconvene the investment committee, seconded by Selectman Smith. The motion was approved 5-0.
C. Discussion of appropriate action for Judith Swett non conformance of license to use Town property. (Bonville)
Selectman Bonville stated that Ms. Swett is in non-compliance because she has broken the agreement and continues to do so. Selectman Mooers stated that the Town should follow the terms in the letter. After brief discussion Selectman Mooers moved Town Manager to provide Ms. Swett the seven days notice required in the license agreement, seconded by Selectman Bonville. The motion was approved 5-0.
D. Discussion of past due accounts receivable, Peabody, Fernald. (Bonville)
Followed by a brief discussion Selectman Bonville stated that this is money owed the Town and moved Town Manager MacDonald to provide one phone call and one certified letter to Peabody, to contact Fernald regarding his check In the missing deposit, also research placing a lien on property, seconded by Selectman Smith. The motion was approved 5-0.
E. Discussion of reserve account deposits and withdrawals. (Bonville)
Followed by a brief discussion Selectman Bonville requested Town Manager MacDonald to provide a spreadsheet showing the reserve account activity for each request of release of reserve funds.
F. Discussion of outstanding liens. (Bonville)
Selectman Bonville stated that the liens are not being taken care of in a timely manner. Finance Director Graves stated that he is working on outstanding liens as he has time and to his ability. After discussion the Board directed Town Manager MacDonald to research the status of the tax liens and to provide discharges for the liens that have been satisfied.
G. Discussion of foreclosed properties. (Bonville)
Selectman Bonville stated she would like to see a list of the foreclosed properties for the past three to four years, and are the agreements being kept. Selectman Bonville would like to see this on the next agenda. The Board directed Town Manager MacDonald to provide a list of foreclosed properties and the status of any repayment agreements.
VI. New Business
A. Discussion with Warrant Committee leadership on revised warrant communion process.
Warrant Committee Chairman William Ferm discussed on the possibility of the Warrant Committee restructuring the Warrant Committee Subcommittees. Warrant Committee Chairman Ferm also requested to be more involved with Board of Selectmen during the budget development. The next Warrant Committee meeting is scheduled for January 6, 2009 at the Town Hall Meeting Room, in Northeast Harbor.
B. Approve 2009 stray animal contract with Small Animal Clinic of Ellsworth Maine.
Selectman Bonville moved to approve the 2009 stray animal contract with Small Animal Clinic of Ellsworth Maine, seconded by Selectman Mooers. The motion was approved 5-0.
C. Approve 60KW stand by generator bid and authorize purchase from MCM Electric for $20,700.00.
Selectman Mooers said he was inclined to approve the purchase of the generator based on the previous conversations. Selectman Bonville moved to authorize the purchase of the 60KW stand by generator for the highway garage, seconded by Vice Chairman Smallidge. The motion was approved 4-0-1, with Selectman Mooers abstaining.
D. Review of Public Protection Committee officers and rules.
No action acknowledgement of Public Protection Committee officers, rules and minutes.
VII. General Issues
The was considerable discussion with Board members and members of the public in attendance of amending the Town Charter to change the Annual Town Meeting date to a later date in the summer. Selectman Bonville and other Board of Selectmen members will meet with the School Board at the School Board meeting on Wednesday to discuss how changing the annual Town Meeting date to a later date will affect the school budget process.
There was also discussion over the possible negative effect of the recent Board of Selectmen letter to other town’s elected bodies requesting changes in the funding formula.
VII. Other Business
A. Introduction of 2009-2010 budget and discussion with Department Heads.
Town Manager MacDonald provided the Board of Selectmen with a brief introduction to the 2009-2010 budget. Selectman Bonville pointed out that the use of the Waste Water Bond Repayment Reserve will reduce the debt costs and advised to adjust insurance premiums for a possible rate increase for the first six months of 2010.
IX. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #49 for $1,008,029.62 and #52 for $485,230.90.
Selectman Smith moved to approve the warrants, #49 for $1,008,029.62 and #52 for $485,230.90 as presented, seconded by Selectman Bucklin. The motion was approved 5-0.
X Executive Session
Pursuant to M.S.R.A Ch. 1, §405.6.A.1, Personnel, Town Manager Annual Review.
Selectman Mooers moved to enter into executive session at 8:25PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Mooers moved to return to regular session at 8:55PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Mooers moved to grant Town Manager MacDonald a 3.5% salary increase based on the performance evaluation and noted that the existing contract remains in place until October 2010, seconded by Selectman Smith. The motion was approved 3-2, (Mooers, Smith and Smallidge approve) (Bonville and Bucklin against).
Selectman Mooers moved adjourn the meeting, seconded by Selectman Bucklin. The vote was unanimous in favor, meeting adjourned at 8:56PM.
Respectfully submitted,
Rick Mooers
Secretary
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