MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 2, 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, Fire Chief Mike Bender, Police Chief Willis, Town Clerk Joelle Nolan, Harbor Master Shawn Murphy, and Treasurer John Graves.
I. Call to order.
Vice Chairman Smallidge called the meeting to order at 6:30PM
II. Minutes
A. Approval of minutes of Regular Meeting of January 20, 2009.
Selectman Smith moved to approve the minutes of the meeting of January 20, 2009 with corrections, seconded by Selectman Bucklin. The motion was approved 5-0.
III. Appointments and Communications
A. Approve appointment of Dirck Bradt to Warrant Committee.
Selectman Bonville moved to approve the appointment of Dirck Bradt to the Warrant Committee, seconded by Selectman Bucklin. The motion was approved 5-0.
IV. Consent Agenda
A. Acknowledge receipt of Southwest Harbor response to MDI High School funding formula change request.
B. Acknowledge receipt of Municipal Review Committee Board of Director’s Meeting; January 28, 2009.
C. Acknowledge receipt of Olver Associates weekly construction summary for Somesville WWTF Upgrade for week of January 16, 2009 and January 23, 2009.
D. Acknowledge receipt of monthly department reports, Fire, Police.
E. Acknowledge receipt of demand letter to Verlinda Moore.
Motion by Selectman Mooers to accept the Consent Agenda as presented items A-E, no items removed, seconded by Selectman Bonville. The motion was approved 5-0.
V. Selectmen Reports
Selectman Smallidge noted that there will only be three Board members at the February 17, 2009. The Board agreed to add two more Selectmen’s meetings to the schedule, February 9, 2009, location to be determined and February 24, 2009 a combined meeting with the Comprehensive Plan Public Hearing at MDES Forum. Selectman Mooers motion to approve the addition to the schedule, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Bonville noted that she attended a meeting with the School Board to discuss the pros and cons of moving the Town Meeting date to June. Selectman Bonville also had a follow up discussion with Summer Residents Association President Clement McGillicuddy.
VI. Old Business
A. Presentation from Marine Management Committee on status of NEH Marina upgrade.
This item was tabled until the February 9, 2009 Board of Selectmen's meeting.
B. Review of 2009-2010 Budget expense worksheet, revenue worksheet, draft tax rate, worksheet, and carry forwards.
There was considerable discussion with Fire Chief Bender and Police Chief Willis. The Board approved adjusting the vehicle fuel estimated prices from $4.25 to $3.75, and removing notes in the comment column. There was also discussion about increasing the revenue to $5,000.00 for both lines 40440 and 40450. The Board tabled the discussion of the remainder of budget to the February 9, 2009 meeting.
C. Approve award of bid for NEH Marina Electrical Renovation project to MCM Electric in the amount of $61,306.00 and authorize expenditure of up to $65,000.00.
After considerable discussion with Harbor Master Murphy, Selectman Bonville moved to award the bid for the NEH Marina Electrical Renovation project to MCM Electric in the amount of $61,306.00 and authorized expenditure of up to $65,000.00, seconded by Selectman Bucklin. The motion was approved 4-0-1, Selectman Mooers recused himself.
D. Discussion of Rapid Renewal and credit card payments (Mooers).
There was discussion of the benefits to the community and was supported by two citizens present at the meeting. Selectman Mooers motion to approve credit card transactions for Rapid Renewal and to add a budget line for any expenses, seconded by Selectman Smith. The motion was approved 4-1, Selectman Bonville opposed.
E. Discussion of funding formula.
This item was taken out of order at the beginning of the meeting. There was considerable discussion with the School Board members that were present at the meeting on the funding formula and the letter from the School Committee to the Board of Selectmen, each Selectmen member weighed in on their personal viewpoints.
Selectman Mooers concluded that we do not have a funding formula problem, we have a valuation problem. He did not have a real issue with the current situation.
Selectman Smith stated that there was an inherent flaw in the current formula, something that we as a Board can not force other towns to address. He felt that is was not in the Town’s best interest to keep pressing the issue.
Selectman Bucklin referred to the School Board letter in that it suggested that another committee research the issue, he felt that it should go that way. It is nothing that we as a Board should rush into and we should not be making threats to other communities.
Selectman Bonville completely agreed with Selectman Mooers message; and it was time to let this issue go.
Vice Chairman Smallidge stated that the issue should be given to the legislative body for an opportunity to decide, not the Board of Selectmen. The other towns have no incentive to come to the table, and we are stuck with what is for a long as there is debt, another ten years anyway if they do not incur additional debt.
Residents Peckham and Bright offered suggestions to adjust the tuition payments. After discussion Selectman Mooers moved the issue be placed in moratorium, seconded by Selectman Smith. The motion was approved 4-1, Smallidge opposed.
VII. New Business
A. Approve State of Maine Submerged Lands Lease #0978-L-20 (Northeast Harbor Marina) and authorize Town Manager to sign as Lessee.
After discussion and questions from Selectman Bonville, the Board tabled action until February 9, 2009 meeting. The Board requested additional information, ex. are other communities paying a lease fee? Harbor Master Murphy will check with Camden, Rockland and Belfast Harbors.
B. Authorize professional design services with Olver Associates for Seal Harbor Library and Bracey Cove pump station replacement.
Tabled pump station design services with Olver Associates to the February 9, 2009 meeting.
C. Approve associate membership in ecomaine.
After discussion with Recycling Committee member Lichtenstein, Selectman Smith moved to approve the associate membership in ecomaine, seconded by Selectman Bucklin. The motion was approved 5-0.
VIII. General Issues
A. Review of Draft No Swimming Ordinance (Upper Hadlock, Lower Hadlock and Jordan Ponds).
Selectman Bonville motioned to accept the draft of No Swimming Ordinance as written, seconded by Selectman Bucklin. The motion was approved 5-0.
B. Review of Draft Limiting Motor Vehicle Access to Great Ponds Ordinance.
The Board of Selectmen delayed action on Limiting Motor Vehicle Access to Great Ponds, did not want to limit 4 wheelers and snowmobiles. Police Chief Willis will research and recommend definitions of Motor Vehicle.
C. Review of Draft Use of Public Places Ordinance.
Selectman Smith moved to accept the draft Use of Public Places Ordinance as recommended, seconded by Selectman Mooers. The motion was approved 5-0.
D. Review of Draft Public Road Acceptance Ordinance.
Selectman Bonville moved to delete section 3, plowing of private roads, of now therefore be it further resolved section of Public Road Acceptance Ordinance and approve amended ordinance language, seconded by Selectman Mooers. The motion was approved 5-0.
E. Review of Draft Sale of Food and Merchandise Ordinance.
Selectman Mooers moved to repeal the draft Sale of Food and Merchandise Ordinance, seconded by Selectman Bonville. The motion was approved 5-0.
F. Review of Draft Building and Street Numbering Ordinance.
After discussion on the necessity of reflective numbers, Selectman Mooers moved to accept the draft Building and Street Numbering Ordinance, seconded by Selectman Smith. The motion was approved 3-2, with Selectmen Bonville and Bucklin opposing.
G. Review of Draft amendment to Rural Wastewater Support Program.
Selectman Bonville moved to amend Rural Wastewater Support Program draft language, section 6.1, so that the entire section reads; “All property taxes must be current”, seconded by Selectman Mooers. The motion was approved 5-0.
H. Review Draft Repeal and Replace of Public Right of Way Opening Ordinance.
The Board tabled the draft of the Repeal and Replace of Public Right of Way Opening Ordinance to the February 9, 2009 meeting, and requested copy of existing language with suggested amendments.
I. Review of Draft Application for a Right-of-Way Opening Permit.
This item was tabled, the Public Right-of-Way Opening Permit to February 9, 2009 meeting.
IX. Committee Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #58 for $849,827.02.
Selectman Mooers moved to approve the Treasurer’s Warrant #58 for $849,827.02 seconded by Selectman Bucklin. 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 9:10PM.
The next regularly scheduled meeting is Monday February 9, 2009 at 6:30 P.M. at the Somesville Fire Station, Somesville.
Respectfully submitted,
Rick Mooers
Secretary
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