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Selectmen Meeting Minutes - 01/20/09
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
         Tuesday, January 20, 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, Jean Bonville, Town Manager Michael MacDonald; Public Works Director Tony Smith, Harbor Master Shawn Murphy, Treasurer John Graves.

I.      Call to order.

Vice Chairman Smallidge called the meeting to order at 6:30 p.m.

Item V A. taken out of order. There was considerable discussion about the performance of the investments of the Town of Mount Desert with E. Bonenfant of Acadia Investments. The handout revealed that the Town’s investments had performed better than our benchmarks. When questioned about the equity range of 35% to 65%, Mr. Bonenfant stated that Acadia Investments would be comfortable working within that range. The Board directed the Town Manager to contact the Investment Committee members to reactivate the committee.

Item V B. taken out of order. Town Auditor James Wadman was present to discuss with the Board items of 2008 six-month budget audit, with comparison to the 2007 audit management letter. Mr. Wadman pointed out that this year’s management letter had half the items that Town’s 2007 audit letter had and the magnitude of most of those remaining items are less severe than the 2007 comments. Mr. Wadman pointed out to the Board that the comparison between 2007 and 2008 six-month budget would be difficult because of the timing and a similar situation would occur when comparing the 2008 six-month audit to the 2008-09 twelve month budget.

II.     Minutes

A.      Approval of minutes of Regular Meeting of December 15, 2008 and January 5, 2009.

Selectman Mooers moved to approve the minutes of the meeting of December 15, 2008 and January 5, 2009 with corrections, seconded by Selectman Smith. The motion was approved 5-0.

III.    Appointments and Communications

A.      Acknowledge receipt of Olver Associates Weekly Construction Summary for Somesville WWTF upgrade for week of January 2, 2009 and January 9, 2009.
        
        No action, acknowledged receipt of WWTF upgrade summary. Public Works Director Smith commented that everything was going smoothly.

B.      Nominate Kevin Edgecomb, John Lemoine, and Shawn Murphy as Shellfish Conservation Wardens for the Town of Mount Desert.

        Selectman Bonville moved to nominate Kevin Edgecomb, John Lemoine, and Shawn Murphy as Shellfish Conservation Wardens for the Town of Mount Desert, seconded by Selectman Bucklin. The motion was approved 5-0. 

C.      Acknowledge receipt of Hancock County Commissioners notice of County Budget.

No action acknowledgement of receipt of Hancock County Commissioners notice of County Budget. Vice-Chair Smallidge commended commissioners for holding the line on the county budget with no increase in dollar amounts to be raised through taxation.

D.      Acknowledge receipt of monthly department reports, Town Clerk, Assessor, and Police.

No action acknowledgement of monthly department reports.

E.      Acknowledge receipt of funding formula responses from Bar Harbor and Tremont.

No action acknowledgement of receipt of funding formula responses from Bar Harbor and Tremont.

F.      Acknowledge receipt of monthly financials, General Ledger, Revenue Report, and Expense Report.

        No action acknowledgement of receipt of monthly financials, General Ledger, Revenue Report, and Expense Report.

G.      Acknowledge receipt of Notice of Claim, Christiaan van Heerden.

No action acknowledgement of receipt of Notice of Claim, Christiaan van Heerden.

IV.     Selectmen Reports

Reorganization of Board of Selectmen, election of Chairman, Vice-Chairman. (Bonville)

There was considerable discussion as to the importance of having someone to preside at Board of Selectmen meeting in the absence of the Chairman and Vice Chairman. Town Manager MacDonald pointed out that Roberts Rules of Order states that the Secretary of the Board would chair any meeting where the Chairman and Vice Chairman were both absent. The decision of the Board was to keep the arrangement as they currently exist.


V.      Old Business

A.      Discussion of Investment Performance with E. Bonenfant of Acadia Investments (Smallidge).

        Taken out of order, agenda item discussed at the beginning of the meeting.

B.      Discussion of 2008 six-month budget audit with James W. Wadman, C.P.A.

        Taken out of order, agenda item discussed at the beginning of the meeting.

C.      Discussion of disposition of RedZone revenue share, (Smallidge).

        Discussion on possible revenue from the share agreement with RedZone. There was a comment from a citizen in attendance suggesting that the Town find out how much it would take to expand the network to hit 100%. Selectman Bonville pointed out the Board of Selectmen cannot dedicate revenue, and that the Town would have to budget both the expense and the revenue. The Board directed the Town Manager to research any restrictions or assumptions on the use of the RedZone revenue and to contact RedZone to update pricing of radios.

D.      Review of Comprehensive Plan Executive Summary and schedule of Public Hearings.  

        There was considerable discussion over the definition of "large sub-divisions" and concluded that the Planning Board would have to deal with the definition when confronted with a sizable sub-division and when proposing any ordinance changes. The Board of Selectmen decided to hold one more public hearing on Tuesday February 24, 2009. The Board also directed the Town Manager to have the Executive Summary prepared by Comprehensive Plan Committee Chair Suminsby printed and mailed to residents. The mailing will coincide with the Public Hearing notice.

E.      Lien status report, Finance Director.

        There was discussion of the lien status report with Finance Director Graves. Mr. Graves
pointed out that the situation is what it is and we are working to bring things to conclusion.

VI.     New Business

A.      Review and sign Documentation of Baseline Data for Schoolhouse Ledge (Tract 08-30); USDI National Park Service, Acadia National Park.

        There was a review of the Baseline data for Schoolhouse Ledge report provided by the Park Service. Town Manager MacDonald provided the Board of Selectmen with a brief history of why Acadia National Park felt the data was needed to document conditions such as the pipe, buildings and operations that exist on the parcel. The Board of Selectmen will sign the document at the conclusion of the meeting.
B.      Review and sign Documentation of Baseline Data for Ripple Pond Restrictive Covenants (Tract 111-14); USDI National Park Service, Acadia National Park.

        A review of the Baseline data for the Ripple Pond Restrictive Covenants report provided by the Park Service. This report was provided to document conditions that exist on the parcel. The Board of Selectmen will sign the document at the conclusion of the meeting.

C.      Approve and sign AOS Budget Validation Referendum Warrant and Notice of Election for June 9, 2009.
       
There was brief discussion of why the warrant was being signed now. The Board reviewed the message from the Business Agent. Selectman Mooers moved to approve and sign the AOS Budget, seconded by Selectman Smith. The motion was approved 5-0.

D.      Public Protection Committee suggestion and Town Meeting Warrant request.

Discussion ensued between Board of Selectmen liaison to the Public Protection Committee Mooers and committee member Public Works Director Smith. Selectman Mooers stated that he thought the Public Protection Committee and other committees should have a placeholder on the Board of Selectmen agenda to discuss the committee’s work and plans. The Public Protection Committee’s request for an agenda item at the Annual Town Meeting met resistance from Warrant Committee members that were present at the meeting. It was suggested that current committees include a comprehensive report in the Town Report. Selectman Mooers moved to add the Committee reports section to the Board of Selectmen agenda, seconded by Selectman Bucklin. The motion was approved 5-0.

E.      Approve correction to minutes of July 7, 2008; Seal Harbor Bait House Reserve account number should be 20-24105-84 not 20-24102-74 as reflected on July 7, 2008 agenda and minutes.

        Selectman Mooers moved the corrected minutes of July 7, 2008; Seal Harbor Bait House Reserve account number to 20-24105-84 not 20-24102-74, seconded by Selectman Bonville. The motion was approved 5-0.
VII.    General Issues
        
Continue budget discussion with Public Works Director Smith.

There was discussion of the Public Works budget with Public Works Director Smith and the possible use of bonds or reserves to help with future funding Wastewater improvements. Director Smith stated that the first estimate of the Northeast Harbor improvement came in at $9 million and $750 thousand for each of two pump stations, at Bracey Cove and the Seal Harbor Library. The Board of Selectmen agreed to zero out account 105-04-507-12 from $218,000 to $0.00 of the 2009-2010 budget.

VII.    Other Business

        Review revised agenda format.

        There was discussion with Town Manager MacDonald on the revised agenda format, Selectman Mooers moved to approve the revised agenda format, seconded by Selectman Smith. The motion was approved 5-0.

IX. Treasurer’s Warrants

A.      Approve Treasurer’s Warrant #55 for $1,029,490.08

Selectman Mooers moved to approve the Treasurer’s Warrant #55 for $1,029,490.08 seconded by Selectman Smith. The motion was approved 5-0.

X       Executive Session

None

Selectman Mooers moved adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor, meeting adjourned at 9:45PM.

The next regularly scheduled meeting is Monday February 2, 2009 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.

Respectfully submitted,



Rick Mooers
Secretary