MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 9, 2009
6:35PM: PUBLIC HEARING Dana R. Haynes D/B/A Haynes Garage Inc for the relicensing of an existing Automobile Graveyard Permit
6:45PM: PUBLIC HEARING Budget appropriations for the May 4, 5, 2009 Annual Town Meeting.
A meeting of the Board of Selectmen was held this date at the Forum in the Mount Desert Elementary School on Joy Road in Northeast Harbor, Maine.
Those present included: Vice Chairman Patrick Smallidge, Selectmen Jeffrey Smith, Chuck Bucklin, Rick Mooers, Jean Bonville, Town Manager Michael MacDonald, Police Chief James Willis, Finance Director John Graves, Public Works Director Tony Smith 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. Approve malt, spirituous and vinous liquor license for The Acadia Corporation d/b/a Jordan Pond House.
B. Approve Malt and vinous liquor license for Journey’s End Inc. d/b/a Docksider.
C. Town of Mount Desert Highway Department list of Posted Roads, effective Sunday, March 8, 2009.
D. Follow up letter on electro sensitivity issues.
E. Acknowledge receipt of Olver Associates weekly construction summary for Somesville Wastewater Treatment Plant upgrade, 2-27-2009.
F. Maine DOT notice of intent to file NRPA application for maintenance, restoration, replacement and removal of bridges (Stanley Brook).
G. Acknowledge receipt of Fixed-Price Sales Confirmation with No Frills Oil Company, 30,000 gallons at $1.899 per gallon.
H Knowledge receipt of State Board of Education Certificate of Organization of Alternative Organizational Structure No. 91.
Motion by Selectman Smith to accept the Consent Agenda as presented items A-H, no items removed; seconded by Selectman Bonville after brief discussion on item G (Fixed price on fuel oil purchase) questioned the commitment to purchase 30,000 gallons. The motion was approved 5-0.
6:35 PM Break for Public Hearing on Automobile Graveyard permit for Dana Haynes, no public comment. Public Hearing closed at 6:35 PM, return to regular session.
V. Selectmen Reports
Selectman Bucklin received comments about the news article in the Mount Desert Islander on the recent fire on Manchester Road. The Board suggested no comment until the final report issued from the State Fire Marshall’s office. There was also considerable discussion with Police Chief Willis on liability issues and the right-to-know and what constitutes a public document.
Selectman Bonville advised that she had been contacted by the Hudson’s verifying their check from the missing deposit and that it had not been deposited and they would be sending a replacement check.
St. Mary’s Church Treasurer Alan Gregory presented the Board of Selectmen a possible gift Warrant Article for the donation of the storm water management storm sewer system for the South Shore Road. After discussion with Mr. Gregory and Public Works Director Smith, Selectman Smith moved to add the storm water management system as a gift to the Town Meeting Warrant and recommend passage, seconded by Selectman Bucklin. The motion was approved 5-0.
VI. Old Business
A. Lighthouse Restaurant copy of Certificate of Liability Insurance for period 1/15/2009 to 1/15/2010.
There was brief discussion with Town Manager MacDonald to verify that the Board of Selectmen has the authority to enter into a license agreement after its termination. This item was tabled to the next meeting as the Board is waiting for the Town's Attorney's comments and recommendations.
VII. New Business
A. Approve Automobile Graveyard and/or Junkyard Permit for Dana R. Haynes d/b/a Haynes Garage Inc., for the relicensing of an existing Automobile Graveyard Permit in compliance with Title 30-A § 3754 of the Maine State Statues.
A public hearing was held at the beginning of meeting. Selectman Bonville moved to approve the Automobile Graveyard and/or Junkyard Permit for Dana R. Haynes d/b/a Haynes Garage Inc., for the relicensing of an existing Automobile Graveyard Permit in compliance with Title 30-A § 3754 of the Maine State Statues, seconded by Selectman Smith. The motion was approved 5-0.
B. Review Fire Department proposal to initiate a Junior Firefighter Program in conjunction with Boy Scouts of America.
There was brief discussion. This item was tabled until Fire Chief Bender would be present at the meeting. Chief Bender was attending training out of town.
C. Approve inclusion of gift of sidewalk warrant article in May 2009 Annual Town Meeting Warrant. Donation in MDOT Right-of-Way abutting the Fernald lot across the street from the Somesville One Stop.
Selectman Smith recommended passage during the Warrant Article review and also moved to approve the addition to the Town Meeting Warrant of the gift of the Somesville sidewalk, seconded by Selectman Mooers. The motion was approved 5-0.
D. Review proposed financial reporting changes to Police budget to reflect revised professional accounting practice.
There was considerable discussion with Police Chief Willis and Finance Director Graves on recognizing the expense and revenue for our officer participating in the Maine Drug Enforcement Task Force. No action taken, information only for the Board, changes will affect the Public Safety budget increasing both the expense and offsetting revenue (zero sum).
E. Added agenda item. Discuss potential Zoning Board of Appeals Warrant Articles.
The Board of Selectman voted to add this new agenda item, after considerable discussion on the necessity and the need for a fall special town meeting. Selectman Smith voted to advise the Zoning Board of Appeals that it is likely that the Town will be conducting a Special Town Meeting sometime in the fall, seconded by Selectman Mooers. The motion was approved 5-0.
6:45PM: PUBLIC HEARING Budget appropriations for the May 4, 5, 2009 Annual Town Meeting.
Hearing no comment from the public the hearing was closed at 6:47PM
VII. General Issues
A. Review and approval of 2009 Annual Town Meeting Warrant articles.
A-3 Selectman Bonville recommends passage, seconded by Selectman Bucklin. The motion was approved 5-0.
A-4 Selectman Bonville recommends passage, seconded by Selectman Bucklin. The motion was approved 5-0.
A-5 Delete extra “Town Budget”, vote at next meeting
A-6 Tabled, vote at next meeting
A-7 Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-8 Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-9 Tabled, vote at next meeting
A-10 Tabled, vote at next meeting
A-11 Selectman Smith recommends passage, seconded by Selectman Mooers. The motion was approved 5-0.
A-12 Tabled, vote at next meeting after corrections
A-13 Selectman Bonville recommends passage, seconded by Selectman Smith. The motion was approved 5-0.
A-14 Selectman Smith recommends passage, seconded by Selectman Mooers. The motion was approved 5-0.
A-15 Selectman Bonville recommends passage, seconded by Selectman Bucklin. The motion was approved 5-0.
A-16 Amended language delete “Credit Reserve” add “Surplus” and add after Account “less $150,000.00 previously dedicated as Town share of a MDOT Pretty Marsh Road improvement project), Selectman Bonville moved to approved as amended, seconded by Selectman Mooers. The motion was approved 5-0.
A-17 Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-18 Tabled until inclusion of LD 1 limit added to text of article.
A-19 through A-33 is school committee articles previously acted upon.
A-34 Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-35 and A -36 are Planning Board articles previously acted upon.
A-37 Correct recommendation from Planning Board to BOS, Selectman Mooers recommends passage, seconded by Selectman Smith. The motion was approved 5-0.
A-38 Correct recommendation from Planning Board to BOS previously recommended passage
A-39 Recommended passage at previous BOS meeting
A-40 Repeal of Hawking and Peddling Ordinance, Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-41 New Article all others renumbered from this insertion Include Sale of Food and Merchandise ordinance deleted in error, approved
A-42 Repeal Camping or Sleeping on Town Property, recommended passage at previous BOS meeting
A-43 Recommended passage at previous BOS meeting
A-44 Recommended passage at previous BOS meeting
A-45 Recommended passage at previous BOS meeting
A-46 Recommended passage as amended at previous BOS meeting
A-47 Recommended passage at previous BOS meeting
A-48 Recommended passage at previous BOS meeting
A-49 Approve Comprehensive Plan, recommended passage at previous BOS meeting, include copies available at Libraries in NEH, SH and SV
A-50 Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-51 Delete AED gift and replace with South Shore Road Storm Water Management System gift.
A-52 Add location information “across the street from the One Stop in Somesville”. Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-53 AM Legion Lease, recommended passage at previous BOS meeting
A-54 Ladder Truck Lease Purchase, amend language to add “/borrow” after purchase and delete name of equipment company, vote at next meeting
A-55 Fiscal Policy accept gifts, Selectman Bonville recommends passage, seconded by Selectman Smith. The motion was approved 5-0.
A-56 Set interest rate, Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-57 Authorize pre payment, Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-58 Abatement interest, Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-59 Abatement expense from overlay, Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-60 Sale of non-real estate, Selectman Bonville recommends passage, seconded by Selectman Bucklin. The motion was approved 5-0.
A-61 Auction tax acquired real estate; Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
A-62 Contract for Services, Selectman Mooers recommends passage, seconded by Selectman Bonville. The motion was approved 5-0.
Other minor corrections to Revenue and expenditures will be conducted to reflect the changes recommended by Chief Willis and Finance Director Graves, and adjustments to the Fire Dept budget.
Added item to the agenda: Appointment of Matthew Bucklin to the School Board of Trustees thru to the May 2009 election of Officers.
Selectman Bonville moved to approve the appointment of Matthew Bucklin to the School Board of Trustees thru the May 2009 election, seconded by Selectman Mooers. The motion was approved 5-0.
IX. Committee Reports
Public Protection Committee minutes for December 9, 2008, December 17, 2008, and January 14, and 22, 2009.
Acknowledged receipt of the Public Protection Committee minutes, and the Board thanked the members for their interest.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #66 for $364,814.37. Add additional warrant #67 to agenda for $76,202.26.
Selectman Mooers moved to approve Treasurer’s warrant #66 for $364,814.37 and additional warrant #67 to agenda for $76,202.26, seconded by Selectman Bonville. The motion was approved 5-0.
X Executive Session
None
Selectman Smith moved to adjourn the meeting, seconded by Selectman Mooers. The vote was unanimous in favor, meeting adjourned at 8:51PM.
The next regularly scheduled meeting is Monday, March 16 2009 at 6:30 P.M. in Town Office Meeting Room, Northeast Harbor.
Respectfully submitted,
Rick Mooers
Secretary
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