MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 6, 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, Police Chief James Willis, Fire Chief Mike Bender, Harbor Master Shawn Murphy, Assessor Kyle Avila, Town Clerk Joelle Nolan, 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. Approve minutes of March 2; March 9; and March 16.
Selectman Smith moved to accept the minutes of March 2, 2009 seconded by Selectman Mooers. The motion was approved 5-0.
Vice Chairman Smallidge tabled the approval of the March 9, 2009 minutes upon additional information of Matthew Bucklin filling High School Trustee George Peckham’s position until the May 2009 Town Election.
Selectman Mooers moved to accept the minutes of March 16, 2009 seconded by Selectman Smith. The motion was approved 5-0.
III. Appointments and Communications
A. Approve appointment of Schofield Andrews III to Investment Committee.
Selectman Bucklin moved to approve the appointment of Schofield Andrews III to the Investment Committee, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Smith felt that the Mooring Agent item from the Consent Agenda should be voted on separately and he moved to approve the appointment, seconded by Selectman Mooers. The motion was approved 5-0.
IV. Consent Agenda
A. Approve Class XI Liquor License (Malt, Spirituous and Vinous) for Theodore Stanley, d/b/a Abel's Lobster Pound, 13 Abel's Lane, Mount Desert.
B. Acknowledge invitation to celebrate the collaborative “Campfire Coalition” effort. April 8, 2009, 3:00 PM, Harbor House, Southwest Harbor.
C. Acknowledge receipt of Olver Associates Weekly Construction Summary for week of March 13, 2009, March 20, 2009, and March 27, 2009.
D. Acknowledge receipt of monthly department reports; Code Enforcement, Public Works, and Police.
E. Acknowledge receipt of MDEP Spring 2009 Shoreland Zoning Newsletter.
F. Acknowledge receipt of Finance Director Graves’s monthly report and summary of collection activities.
G. Acknowledge receipt of Ellen Brawley resignation from Warrant Committee.
H Acknowledge receipt of Maine Department of Education amended copy of “Certificate of Organization” for Alternative Organizational Structure #19.
I. Acknowledge receipt of monthly financials; General Ledger, Revenue Report and Expense Report.
J. Approve appointment of Kerry Taylor as Northeast Harbor Marina Mooring Agent for 2009.
Item A was removed from the Consent Agenda and voted on separately, Selectman Smith moved to approve the Class XI Liquor License (Malt, Spirituous and Vinous) for Theodore Stanley, d/b/a Abel's Lobster Pound, 13 Abel's Lane, Mount Desert, seconded by Selectman Mooers. The motion was approved 5-0.
Item B through item I, the Board of Selectmen suggested a letter of appreciation of Ellen Brawley for her service on the Warrant Committee. Selectman Bonville would like to see in the future, balance to date on the monthly financials. Selectman Smallidge would like to extend an invitation to the Zoning Board of Appeals to attend a future Board of Selectmen meeting to discuss the future of the Zoning Board. Selectman Mooers moved to approve the consent agenda items B through I, seconded by Selectman Smith. The motion was approved 5-0.
V. Selectmen Reports
Selectman Bucklin stated that he had had a discussion with a member of the Southwest Harbor Board of Selectmen on the idea of combined services of Fire, Police and Dispatching. Fire Chief Bender and Police Chief Willis commented that this subject has been on the Public Protection Committee agenda for a while, and that it was brought up by the private citizens that are members on the committee. Selectman Mooers suggested waiting for the recommendation from the Public Protection Committee. The Board was comfortable waiting for a recommendation.
Vice Chairman Smallidge spoke of special gift for a former board member. The Board of Selectman indicated to move forward with the purchase of the gift and take the amount of $125.00 from the Selectmen’s Contingency account.
Vice Chairman Smallidge was approached by the 8th grade at the Elementary School to repair and replace the fence around the “cage”. Selectman Smallidge said he would like to continue discussions with the School Board on who will pay for what.
VI. Old Business
A. Review of tax exemption status for Masonic Lodge #140.
There was considerable discussion from the Board, and it was agreed that nothing could be done this year. The tax payment will be covered through the Service Group Funding this year and the Theater group must apply for a tax exempt status for future exemption.
B. Sign Approved Town Meeting Warrant.
The Board of Selectmen agreed to sign the Town Meeting Warrant at the end of the meeting.
VII. New Business
A. Review dumpster placement policy for Seal Harbor (Bonville).
There was considerable discussion with Seal Harbor resident Edie Dunham about the legality and convenience of the dumpsters in the center of Seal Harbor, and what will happen to the trash that used to go into the dumpsters. Solid Waste Committee Chairman Lichtenstein advised the Board of Selectmen that the Solid Waste Committee has made numerous recommendations in the past. The Board of Selectmen felt that it was inappropriate to vote on a policy tonight and add this item to a future agenda to address all the dumpsters that are located in the Town, Seal Harbor, Northeast Harbor Marina, the Town Garage and Bartlett Island Landing. The Board of Selectmen directed staff to research the legality of the dumpsters.
B. Authorize Town Manager to sign “Temporary Pole Attachment License” agreement with Bangor Hydro Electric Company. (American flag)
Town Manager MacDonald stated that he spoke with one of the Town's Attorneys and felt that this was fraught with legal issues. Generally the Town is not the applicant, and Town Manager MacDonald recommended to the Board not to be the applicant. Vice Chairman Smallidge said he could not support this with the liability and felt the Chamber of Commerce should be the applicant. Chamber of Commerce Director Lawrence was present at the meeting and stated that putting flags up around town would definitely beautify the Town, but he also felt that the insurance requirements was a bit excessive. The Chamber Board was scheduled to meeting in the next few days and they would revisit this item. Selectman Smith moved to authorize the Town Manager to sign the “Temporary Pole Attachment License”
agreement with Bangor Hydro Electric Company. (American flag), seconded by Selectman Mooers. The motion failed to pass 0-5.
C. Authorize payment of $12, 700.00 to Civil Engineering Services for property survey of proposed Marina improvement on Town owned property in Northeast Harbor. Payment from Marina Reserve account #20-2412082 in an amount not to exceed $12,700.00. (Balance as of 3-13-09 = $208,228.06)
After discussion with Selectman Bonville and Vice Chairman Smallidge on the cost of the $7,000 survey, the Board directed Harbor Master Murphy to obtain two additional quotes for the survey portion of the proposal, the Board voted to table this item until the next meeting. Selectman Mooers moved to authorize payment, seconded by Selectman Smith. The motion failed, 1-4 (Mooers, for). Item tabled till next meeting, with 3 bids.
D. Authorize Harbor Master Murphy to sign Pump Out Grant Award contract.
Selectman Mooers moved to authorize Harbor Master Murphy to sign Pump Out Grant Award contract, seconded by Selectman Bonville. The motion was approved 5-0.
E. Authorize Town Manager to apply for Maine State Planning Office “Shore and Harbor Technical Assistance Grant.”
Selectman Mooers moved to authorize Town Manager to apply for Maine State Planning Office “Shore and Harbor Technical Assistance Grant.”, seconded by Selectman Smith. The motion was approved 5-0.
F. Authorize Code Enforcement Officer Keene to sign Consent Decree with 18 Manchester Road LLC.
There was considerable discussion about the stipulations place upon the Consent Decree. Vice Chairman Smallidge was concerned with the limitations put on the decree about the annual inspection in regards to family and guests not being present, by their choice, on the property at the time of the inspection. Selectman Smith stated that he supported the decision because it says to potential violators our rules and policies actually mean something. Selectman Smith moved to authorize Code Enforcement Officer Keene to sign the Consent Decree with 18 Manchester Road LLC, seconded by Selectman Bonville. The motion was approved 3-2, Selectman Mooers and Vice Chairman Smallidge against.
G. Authorize Code Enforcement Officer Keene to sign agreement with Planning Board consultant Rich Rothe to assist with Shoreland Zoning Ordinance update and compliance, amount not to exceed $8,000.00.
After discussion with the Board about letting the State Planning Office write the Shoreland Zoning Ordinance, Selectman Mooers moved to table this agenda item until Code Enforcement Officer Keene and the Planning Board members can come and justify the expense, seconded by Selectman Bucklin. The motion was approved 5-0.
H. Approve Quit Claim Deeds for foreclosed properties that have repaid all back taxes, Colson and Thomas.
After discussion on necessary grammatical corrections to the deeds, Selectman Smith moved to approve the Quit Claim Deeds for foreclosed properties that have repaid all back taxes, Colson and Thomas, seconded by Selectman Mooers. The motion was approved 5-0.
I. Approve Dobbs Productions Inc. request to use public access channel 2 to broadcast “The Acadia Channel.”
Selectman Mooers moved to approve Dobbs Productions Inc. request to use public access channel 2 to broadcast “The Acadia Channel.”, seconded by Selectman Mooers. The motion was approved 5-0.
J. Discussion with Police Chief Willis to decide if an application for a COPS Grant is appropriate for the Town.
After discussion with Police Chief Willis, Selectman Mooers moved to approve the application for a COPS grant, seconded by Vice Chairman Smallidge. The motion failed 1-4, Selectman Mooers voted in favor.
K. Sign Municipal Warrant for Prosecuting Unlicensed Dog Owners/Keepers.
Selectman Smith approved signing the Municipal Warrant for prosecuting unlicensed dog owners/keepers, seconded by Selectman Mooers. The motion was approved 5-0.
L. Sign School Budget Validation Referendum Warrant.
Selectman Bonville approved signing the School Budget Validation Referendum Warrant, seconded by Selectman Bucklin. The motion was approved 5-0.
M. Sign Warrant and Notice of Election Calling Mount Desert Island Regional School District Budget Validation Referendum.
Selectman Bonville approved signing the Warrant and Notice of Election Calling Mount Desert Island Regional School District Budget Validation Referendum, seconded by Selectman Smith. The motion was approved 5-0.
VII. General Issues
A. Reschedule Monday April 20, 2009 (Patriot’s Day holiday) meeting to Tuesday, April 21, 2009 at Town Office Meeting Room.
Selectman Mooers moved to reschedule the Monday April 20, 2009 (Patriot’s Day holiday) meeting to Tuesday, April 21, 2009 at Town Office Meeting Room, seconded by Selectman Smith. The motion was approved 5-0.
Added item to the agenda: Police Chief Willis seeks permission to apply for a Highway Safety Grant for speeding enforcement, May 1 through September 15, up to $5,000 of overtime.
Selectman Mooers moved to approve of Police Chief Willis seeking permission to apply for a Highway Safety Grant for speeding enforcement, May 1 through September 15, up to $5,000 of overtime, seconded by Selectman Smith. The motion was approved 5-0.
IX. Committee Reports
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 73 for $426,123.55, #76 for $633,005.97.
Selectman Mooers moved to approve Treasurer’s warrant # 73 for $426,123.55, #76 for $633,005.97, seconded by Selectman Smith. The motion was approved 5-0.
X Executive Session
A. Town Manager evaluation, pursuant to M.S.R.A Title. 1,405.6.A.
Selectman Mooers moved to go into Executive Session at 8:00PM, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Smith moved to come out Executive Session at 8:45PM, seconded by Selectman Mooers. The motion was approved 5-0.
There was no further discussion, no action taken by the Board of Selectmen.
Selectman Bucklin moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor, meeting adjourned at 8:51PM.
The next regularly scheduled meeting is Tuesday, April 21, 2009 at 6:30 P.M. in Town Office Meeting Room, Northeast Harbor.
Respectfully submitted,
Rick Mooers
Secretary
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