MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 16, 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 Jim Willis, Harbor Master Shawn Murphy, Public Works Director Tony Smith, recording secretary Jennifer McWain and members of the public .
I. Call to order.
Vice Chairman Smallidge called the meeting to order at 6:30PM
II. Minutes
A. None
III. Appointments and Communications
A. None
IV. Consent Agenda
A. Maine CDC notice of Local Health Officer training requirement.
B. Acknowledge receipt of monthly department reports; Assessing, Public Works, Wastewater, Town Clerk, Fire, and Police.
C. Acknowledge notice of Police Chief James Willis appointment to Legislative established Maine Elder Death Analysis Team.
D. Acknowledge Olver Associates weekly construction summary for week of March 6, 2009.
E. Acknowledge receipt of monthly financials; General Ledger, Revenue Report, and Expense Report.
Motion by Selectman Mooers to accept the Consent Agenda as presented items A-E, no items removed, seconded by Selectman Smith. The motion was approved 5-0.
V. Selectmen Reports
Selectman Bonville spoke with Seal Harbor resident Edie Dunham about her letter that she sent to the Board about the trash dumpsters in Seal Harbor, and asked if the Board could put issue of the letter on the agenda for the first meeting in April.
Selectman Bonville referred to an article in the local newspaper about Redzone receiving funds from grants. There was no mention of the Town of Mount Desert receiving any of the monies.
Selectmen Smallidge reminded the Board of Selectmen that the Town might need to withdraw funds from the Capital Improvement Reserve for the washout repairs to the Hall Quarry Road. Public Works Smith indicated that he would make every attempt to pay for the project from the current appropriations.
There was considerable discussion with Citizen Allen Joseph on the fuel bid process. The Town Manager responded with a summary of the process and an apology for excluding the local dealer. The discussion continued with Mr. Joseph who is also a board member of the Mount Desert Water District on the 39 acre land sale to the Maine Coast Heritage Trust. Mr. Joseph indicated that the Town would be receiving a notice from the Mount Desert Water District concerning the sale. Mr. Joseph also commented on the lack of preparation at the recent Planning Board session and indicated that the Bassa Restaurant matter will likely result in legal action against the Town. Mr. Joseph asked for assurance that the abutter notification process is in place for the future.
VI. Old Business
A. Review Fire Department proposal to initiate a Junior Firefighter Program in conjunction with Boy Scouts of America.
Fire Chief Bender was looking for the blessing of the Board of Selectmen to initiate a Junior Firefighter Program in conjunction with the Boy Scouts of America. He stated that the Southwest Harbor Fire Department has a similar program that they have been doing for about five years and it has been fairly successful.
Selectman Mooers thought that it was an excellent idea. Selectman Bonville questioned some of the language in the agreement for the volunteers. She said that it was a contradiction of terms. Fire Chief Bender said that he and his staff were going to make improvements to the document and bring it before the Board of Selectmen at a future meeting.
B. Attorney advice; renewing Judith Swett license.
Town Manager MacDonald summarized conversations with the Town Attorney for the Board of Selectmen and asked if the Board was interested in carrying over the agreement from 2007. Selectmen Mooers and Smallidge were not inclined to re-issue the lease because of the considerable effort that the Town had put into the original agreement. Town Manager MacDonald recommended that the Town make one more attempt to contact the lessee. After considerable discussion by the entire Board, Selectman Mooers moved to direct Town Manager MacDonald to contact Ms. Swett and advise her that the license is terminated. The Board would be willing to re-issue the license on a year to year basis provided that Ms. Swett reimburses the Town for the expenses that the Town has already incurred in trying to
insure compliance with the license agreement, and that she provide the necessary certificate of insurance annually prior to the renewal date of the one year license, seconded by Selectman Smith. The motion was approved 4-1, Selectman Bonville was against.
VII. New Business
A. Fire Department request to adjust department budget, add $22,000.00 for Personal Protective Equipment and $45,000.00 for firefighter compensation.
Discussion with Fire Chief Bender on the necessity of the additional funding for new turnout gear. Selectman Mooers moved approval of increasing budget line 104-03-207-10 to $40, 000, seconded by Selectman Smith. The motion was approved 5-0; the second request was for additional Firefighter compensation. Following considerable discussion of the budget request for additional Firefighter compensation, the Board felt that they would like to hear from the Firefighters and get their thoughts about being compensated. Selectman Mooers moved to TABLED this item, seconded by Selectman Smith. The motion was approved 5-0.
B. Invoice from Lodge #140 AF & AM for supplying potable water for Somesville fire station. $1,542.14.
Selectman Mooers questioned if the Board was creating its own barriers, if the Town didn't take a reasonable look at this property. Selectman Smith would like documentation on how this property became taxable according to the Vision program. After lengthy discussion with Town Manager MacDonald on the Board of Selectmen's authority, Selectman Mooers moved that the Board declare the Lodge tax exempt and directed Town Manager MacDonald and Assessor Avila to provide background history on the change in status from tax exempt to non exempt, seconded by Selectman Bucklin. After discussion on how to provide the funding for the Lodge It was decided to include the request with our service groups and add the Lodge to the list of names in the budget. The motion was approved 3-1-1, with Selectman Smallidge
against and Selectman Smith recusing himself.
C. Approve adoption of MMA model General Assistance Model Ordinance Appendix B (Food Maximums).
There was minimal discussion from the Board. Bonville moved to approved the adoption of MMA model General Assistance Model Ordinance Appendix B (Food Maximums), seconded by Selectman Smith. The motion was approved 5-0.
VIII. General Issues
A. Final review and approval of 2009 Annual Town Meeting Warrant articles.
Selectman Smith moved to re-vote the amount of A-7 to $825,599.00, also add Finance outsource payroll and $1400.00 for part time CEO, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Mooers moved to approve the amount on A-10 to $713,205, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Mooers moved to add A-15 Lodge #140 AF & AM with the amount of $1542.14, to service groups, seconded by Selectman Bucklin. The motion was approved 3-1-1, Selectman Smallidge was against and Selectman Smith recused himself.
Selectman Bonville moved to amend A-17, Marina Revenue to $542,000 ($20,000 less) and corrected typo on Expense to $524,514, seconded by Selectman Mooers. The motion was approved, 5-0
A-18 corrected LD 1 limit to $5,724,882.83, after review of LD1 calculation sheet with Selectman Bonville.
Articles 38 through 48 amend language of question, removing the words “vote to” from the first line of each warrant article question.
A-38, deleted Planning Board, changed to Board of Selectmen.
A-40 correct typo error, change; amend to repeal.
A-42 separated into two separate questions, one to repeal what exists (Camping and Sleeping on Town Property) and the second to enact new Public Places Ordinance
Renumber all subsequent articles.
Old A-49, new A-50, add “and on the Town’s website.” to the end of the article.
Old A-52, new A-53, add “Located opposite the Somesville One Stop” as an explanation for the article
Old A-54, new A-55, add loan to lease, include financial impact statement similar to what would be for a bond question.
Old A-57, new A-58, include explanation that “Tax Club members are exempt within the terms and conditions of the Tax Club Agreement.”
The Board of Selectmen’s next regular meeting is scheduled for April 6, 2009.I f there are any accounts payable warrants available that require signatures before that date, the Board of Selectmen members will come in to sign the warrant with the approval at the April 6th meeting.
IX. Committee Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #69 for $407,411.90 and #70 for $69,608.21.
Selectman Mooers moved to approve the Treasurer’s Warrant #69 for $407,411.90 and #70 for $69,608.21, seconded by Selectman Bucklin. The motion was approved 5-0.
X Executive Session
None
Selectman Mooers moved adjourn the meeting, seconded by Selectman Bucklin. The vote was unanimous in favor. Meeting adjourned at 9:45PM.
The next regularly scheduled meeting is Monday, April 6, 2009 at 6:30 P.M. in Town Office Meeting Room, Northeast Harbor.
Respectfully submitted,
Rick Mooers
Secretary
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