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Selectmen Meeting Minutes - 02/24/09
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, February 24, 2009

Public Hearings:        6:35 PM         Northeast Harbor Waterfront Renovation Project
                                        Comprehensive Plan

                        7:05 PM Review of Comprehensive Plan

A meeting of the Board of Selectmen was held this date in the Forum at the Mount Desert Elementary School on Joy Road, Northeast Harbor, Maine.

Those present included: Vice Chairman Patrick Smallidge, Selectmen Jeffrey Smith, Chuck Bucklin, Rick Mooers, Jean Bonville, Town Manager Michael MacDonald, Harbor Master Shawn Murphy, Code Enforcement Officer Kim Keene, Police Chief James Willis,  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 meeting minutes of February 2, 2009 and February 9, 2009.

Selectman Smith moved to approve the minutes of the meeting of February 2, 2009, and February 9, 2009 with corrections, seconded by Selectman Bucklin. The motion was approved 5-0.

III.    Appointments and Communications

A.      None

IV.     Consent Agenda

A.      Acknowledge receipt of Weekly Construction Summary for Somesville WWTF Upgrade for week of February 13, 2009.

B.      Acknowledge receipt of monthly department reports: Public Works, Wastewater, Fire.

C.      Acknowledge receipt of “Lost Deposit” recovery summary.

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

E.      Accept with regret resignation of George Peckham as MDI Regional High School Trustee, effective May 4, 2009.
        Motion by Selectman Bonville to accept the Consent Agenda as presented. Selectman Bucklin commented on Item C, that he will contact Mr. Fernald, Selectman Bonville will make contact with Hudson and Carter, and also accept with regret the resignation letter of George Peckham as of February 24, 2009 and to appoint Matthew Bucklin effective February 24, 2009 to the School Board Trustees through May 2009 election of officers motion seconded by Selectman Mooers. The motion was approved 5-0.

        Break for the Public Hearing on the Northeast Harbor Marina Redevelopment Plan.
        6:35PM CES Noel Musson gave a presentation on the different phases of the Marina Redevelopment Plan. There was considerable discussion about phases, cost and concerns. The public hearing ended at 7:35PM.

        Break for Public Hearing on the Town of Mount Desert Comprehensive Plan.
        7:40PM There was brief discussion with Comprehensive Plan Chair Suminsby discussing the changes to the Plan that reflect public comments from previous public discussions. The public hearing ended at 7:43PM.
        
V.      Selectmen Reports
        
Selectman Bucklin suggested a formal thank you to George Peckham for his many years of public service, directed Town Manager MacDonald to write up an appropriate acknowledgement of service.

VI.     Old Business

A.      Noel Musson, consultant from Civil Engineering Services; will present the conceptual design of the Northeast Harbor Waterfront renovation project.
        
        No action taken at public hearing.

B.      Receive Public Comment on Draft Comprehensive Plan.

        No action taken at public hearing.

C.      Review Revised Investment Policy and approve inclusion in 2009 Annual Town Meeting Warrant.
        
After brief discussion, Selectman Smith moved inclusion of the Investment Policy as a warrant article in 2009 Annual Town Meeting Warrant, seconded by Selectman Mooers. The motion was approved, 5-0.

D.      Review Revised Dog Ordinance and approve inclusion in 2009 Annual Town Meeting Warrant.

        There was considerable discussion with Police Chief Willis and Animal Control Officer Edgecomb about the current Dog Ordinance. Selectman Smith moved inclusion of the amended Dog Ordinance as a Warrant Article in the 2009 Annual Town Meeting Warrant, seconded by Selectman Mooers. The motion was approved 5-0.
       New Business

A.      Discussion of “Local Option Sales Tax” with State Representative Elsie Flemings.

        There was considerable discussion with State Representative Elsie Flemings on the possibility of a Local Option Sales Tax (LOST). Representative Flemings explained that her working group is in the draft stages of the tax, and that there are a number of possibilities of what to tax. Representative Flemings was hoping for honest language in the bill, so that Town’s could repeal the idea of the tax if it didn’t work for the community. There were mutual expressions of appreciation from the Board of Selectmen to Ms. Flemings and from her to the Board and the members of the public.

B.      Authorize Town Manager to sign Rapid Renewal Service Level Agreement with InforME.

        Selectman Mooers moved to authorize Town Manager MacDonald to execute the Service Level Agreement with InforME, seconded by Selectman Smith. The motion was approved 4-1, with Selectman Bonville against.

C.      Approve inclusion of Moratorium Ordinance (regarding Radio/Television/Telephone Towers, Monopoles and Antennas, and Wind Towers) as Warrant Article for May 5, 2009 Annual Town Meeting.

After brief explanation and discussion Selectman Mooers moved inclusion of the Moratorium Ordinance as a Warrant article in the 2009 Annual Town Meeting Warrant, seconded by Selectman Smith. The motion was approved 5-0.

D.      Approve $20.00 returned check fee for NSF (Not Sufficient Funds) check payments.

Selectman Bonville questioned how the Town would recover fees and bank charges. Selectman Smith moved to approve the NSF check payment fees as recommended by Finance Director Graves, seconded by Selectman Mooers. The motion was approved 4-1, with Selectman Bonville against.

E.      Authorize Tax Collector to “write off” balances of less than ten dollars ($10.00) to tax accounts about to receive 30 day demand letters.

Selectman Bonville stated that the Town has an obligation to collect balances on back taxes, and asked where the Town would “write off” the balances to. Selectman Mooers said that he didn’t want to pass a blanket motion, he wanted to hear about each tax balance separately, he was not in favor. Selectman Smith moved to approve the “write off’ balances, seconded by Selectman Mooers. The motion failed 0-5.

F.      Authorize Town Manager to commit to purchase heating fuel for 2009-2010 heating season.
Because of the Purchasing Policy the Town can not act on anything without Board of Selectmen approval. After brief discussion Selectman Bonville moved to authorize Town Manager MacDonald to commit to purchase heating fuel for the 2009-2010 heating season at a fixed price pending Town Meeting approval and also with the understanding that no bills will be paid until July 1st, the beginning of the new fiscal budget, seconded by Selectman Mooers. The motion was approved 5-0.

VII.    General Issues

A.      Budget Discussion with PW Director Smith.

The budget discussion with Public Works Director Smith was tabled.

B.      Budget worksheets, tax rate sheet, and LD1 sheet.

There was discussion of the Marina budget with Harbor Master Murphy. There were also corrections made to the 2009 approved boat repairs, telephone equipment technology hardware, and allocated expenses for Public Works Waste Management and Sewer charges. The Board of Selectmen requested staff to research the telephone charges and split out the cable television charge from the telephone line.
        
IX.     Committee Reports
        None

X.      Treasurer’s Warrants
A.      Approve Treasurer’s Warrant # 63 for $559,654.79.

Selectman Smith moved to approve Treasurer’s Warrant # 63 for $559,654.79, there was a brief question from Selectman Bonville on ammunition 104-01-503-85 charged to Winterport Boot and the need for outside services for pressure washing at the Seal Harbor Treatment Plant (new sewer jet), seconded by Selectman Mooers. The motion was approved 5-0.

X       Executive Session
None

Selectman Mooers moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor, meeting adjourned at 9:30PM.

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

Respectfully submitted,

Rick Mooers
Secretary