MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, April 21, 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, Chuck Bucklin, Rick Mooers, Police Chief James Willis, Fire Chief Mike Bender, Harbor Master Shawn Murphy, Public Works Director Tony Smith Code Enforcement Officer Kim Keene, Recording Secretary Jennifer McWain and members of the public. Selectman Jeffrey Smith, Jean Bonville, and Town Manager Michael MacDonald were absent.
I. Call to order.
Vice Chairman Smallidge called the meeting to order at 6:30PM
II. Minutes
A. Approve minutes of February 17, 2009 February 24, 2009, March 9, 2009 and April 6, 2009.
Selectman Mooers moved to table the minutes from the Board of Selectmen Meeting for February 17, 2009 because there was no quorum, Selectman Bonville and Selectman Smith were absent from this meeting and Selectman Mooers and Selectman Smallidge were not present at the February 17, 2009 meeting, seconded by Selectman Bucklin. The motion was approved 3-0.
Selectman Mooers moved to approve the minutes for February 24, 2009 with the amendment to include the acceptance date of George Peckham’s resignation letter as February 24, 2009 and to appoint Matthew Bucklin effective February 24, 2009 to the School Board Trustees through May 2009 election of officers, seconded by Selectman Bucklin. The motion was approved 3-0.
Selectman Mooers moved to approve the minutes for March 9, 2009 and April 6, 2009 with minor spelling corrections, seconded by Selectman Bucklin. The motion was approved 3-0.
III. Appointments and Communications
A. Appointment of Ballot Clerks for the May 4, 2009 Annual Town Meeting.
Selectman Mooers moved to approve the appointment of the Ballot Clerks for the May 4, 2009 Annual Town Meeting, seconded by Selectman Bucklin. The motion was approved 3-0.
IV. Consent Agenda
A. Acknowledge receipt of monthly department reports; Fire
B. Acknowledge receipt of Weekly Construction Summary, Somesville Wastewater Treatment Plant upgrade for week of April 3, 2009, April 10, 2009.
C. Approve Special Amusement Permit for Asticou Inn, Class E License, (dancing accompanied by music produced by radio or other mechanical device/one or more vocalists and/or instrumentalist with mechanical amplification).
D. Approve malt, spirituous and vinous liquor license for AstiKim Corp. d/b/a Asticou Inn, 15 Peabody Drive, Northeast Harbor.
E. Approve malt, spirituous and vinous liquor license for WinterSpring Inc. d/b/a the Colonel's Restaurant.
F. Acknowledge receipt of MMA Risk Management Services 2008-2009 benefit analysis.
G. Approve malt, spirituous, and vinous liquor license for Group Forward, LLC d/b/a Bassa Cocina de Tapeo, 3 Old Firehouse Lane, Northeast Harbor.
Selectman Mooers wanted to remove items C, D, E, and G from the Consent Agenda and place those items under New Business.
Selectman Mooers moved to approve the remainder of the Consent Agenda, items A, B, and F, seconded by Selectman Bucklin. The motion was approve 3-0.
V. Selectmen Reports
None
Break for Public Hearing on the Special Amusement Permit for the Asticou Inn, the Public Hearing was opened at 6:35PM, hearing no comments from the public the hearing was closed at 6:35PM.
VI. Old Business
A. Review dumpster policy for Town of Mount Desert.
Following a lengthy discussion between the Board of Selectmen, Public Works Director Smith, Solid Waste Committee members, and members of the public about the Town's dumpsters, Selectman Mooers motioned to pursue a legal opinion regarding the placement of the dumpsters in the Town of Mount Desert which would include commercial, residential and Town owned properties, seconded by Selectman Bucklin. The motion was approved 3-0.
Selectman Bucklin moved to have Public Works Director Smith to move the Seal Harbor dumpsters from their current location off the Main Street property to an area near the Waste Water Treatment Facility in Seal Harbor, seconded by Selectman Mooers. The motion was approved 3-0.
Public Works Director Smith indicated that the Seal Harbor dumpsters could be moved on April 22, 2009.
B. Discussion with Code Enforcement Officer Keene and Planning Board Chairman Bright to authorize agreement with consultant Rich Rothe to assist the Planning Board with Shoreland Zoning Ordinance update and compliance and drafting Cell Tower and Wind Turbine Ordinance, amount not to exceed $8,000.00.
There was discussion with Planning Board Chairman Bright and Code Enforcement Officer Keene about the need to hire consultant Rich Rothe to assist the Planning Board with the Shoreland Zoning Ordinance update and compliance drafting Cell Tower and Wind Turbine Ordinance. Code Enforcement Officer Keene explained the complications involved with this and merging existing ordinances and creating new ordinances with the State required language and the need for an experienced consultant to assist them. Selectman Bucklin approved authorizing the agreement with consultant Rich Rothe, not to exceed $8000.00, seconded by Selectman Mooers. The motion was approved 3-0.
C. Survey request from Harbor Master for Marina and Green area.
Selectman Mooers moved to approve the survey request as written in Harbor Master Murphy’s memo to Town Manager MacDonald dated April 15, 2009; CES will do the survey with an amount not to exceed $5700.00, seconded by Selectman Bucklin. The motion was approved 3-0.
VII. New Business
A. Approved coordinated “Courtesy Boat Inspection Program” grant application with Somes-Meynell Wildlife Sanctuary.
Selectman Mooers moved to approve participating with Somes-Meynell Wildlife Sanctuary to apply for a grant to facilitate a coordinated “Courtesy Boat Inspection Program” seconded by Selectman Bucklin. The motion was approved 3-0.
B. Respond to citizen request to blacken half of a streetlight on corner of Joy Road and Maple Lane.
There was considerable discussion with members of the public about a citizen request to blacken half a streetlight on the corner of Joy Road and Maple Lane. Many comments made were about safety and security provided by the streetlight. Selectman Bucklin moved to approve the request to blacken the streetlight, seconded by Selectman Mooers. The motion failed 0-3.
C. Approve Hancock County SPCA request for a parade permit for July 19, 2009.
Selectman Mooers moved to approve the Hancock County SPCA request for a parade permit for July 19, 2009, seconded by Selectman Bucklin. The motion was approved 3-0.
D. Authorize Mount Desert Fire Department recruiting table at May 5, 2009 Town Meeting.
Selectman Mooers moved to authorized the Mount Desert Fire Department to have a recruiting table at May 5, 2009 Town Meeting, seconded by Selectman Bucklin. The motion was approved 3-0.
E. Approve and sign Municipal Quitclaim Deed, Timothy Thomas.
Selectman Mooers moved to approve and sign the Municipal Quitclaim Deed for Timothy Thomas, seconded by Selectman Bucklin. The motion was approved 3-0.
F. Approve and sign Municipal Quitclaim Deed, Trasi and Robert Colson.
Selectman Mooers moved to approve and sign the Municipal Quitclaim Deed for Traci and Robert Colson, seconded by Selectman Bucklin. The motion was approved 3-0.
G. Mount Desert Elementary Students Adam Gray and Andy Pierce; discuss making improvements to the “cage” as a school project.
There was discussion with MDES 8th grade students, Public Works Director Smith and the Board about making improvements to the “cage” basketball court. Police Chief Willis said that the Mount Desert Police Association (employees) would be willing to purchase the trash can outlined in the student’s proposal and with their funds and donate it to the 8th grade project. Public Works Director Smith was confident that the Town could get better estimates on the paving portion of the project and that the Public Works crew could perform much of the work that needs to be done. Public Works Director Smith work will with the 8th grade students and obtain cost estimates to fix the pavement, replace the basketball backboards, hoops and poles and to generally improve the cage and the basketball area. Selectmen Mooers and Bucklin both
agreed and commented about the benefits to the Town’s youth, this involvement shows commitment from the students and indicated the work should be done first class or not at all. Funding sources were discussed, Vice Chairman Smallidge mentioned using funds from the Selectmen Contingency Fund, but wasn’t sure there was $15,000.00 available in the account. Selectman Mooers moved to approve to support and the concept of improving the basketball court area in an amount not to exceed $15,000.00; Public Works Director Smith will present the Board with estimates and funding sources for the next regular meeting, seconded by Selectman Bucklin.
Selectman Bucklin mentioned that a recent school meeting he attended he learned that there may be surplus funds available because of a recent insurance savings and would like a letter to the School Board of inquiry.
H. Approve Special Amusement Permit for Asticou Inn, Class E License, (dancing accompanied by music produced by radio or other mechanical device/one or more vocalists and/or instrumentalist with mechanical amplification).
Items H through K were moved from Consent Agenda to New Business, Selectman Mooers moved to approve the Special Amusement Permit for the Asticou Inn, Class E License, seconded by Selectman Bucklin. The motion was approved 3-0.
I. Approve malt, spirituous and vinous liquor license for AstiKim Corp. d/b/a Asticou Inn, 15 Peabody Drive, Northeast Harbor.
Selectman Mooers moved to approve the Malt, Spirituous and Vinous Liquor License for AstiKim Corp, d/b/a/ Asticou Inn, seconded by Selectman Bucklin. The motion was approve 3-0.
J. Approve malt, spirituous and vinous liquor license for WinterSpring Inc. d/b/a the Colonel's Restaurant.
Selectman Mooers moved to approve the Malt, Spirituous and Vinous Liquor License for Winter Spring Inc. d/b/a the Colonel’s Restaurant, seconded by Selectman Bucklin. The motion was approved 3-0.
K. Approve malt, spirituous, and vinous liquor license for Group Forward, LLC d/b/a Bassa Cocina de Tapeo, 3 Old Firehouse Lane, Northeast Harbor.
Selectman Mooers moved to approve the Malt, Spirituous and Vinous Liquor License for Group Forward LLC d/b/a Bass Concina De Tapeo, seconded by Selectman Bucklin. The motion was approved 3-0.
VII. General Issues
A. Request from the Marine Management Committee to discuss the proposed Northeast Harbor Marina Renovation Project.
This item was taken out of order. The Board of Selectmen discussed with members of the Marine Management Committee about the proposed Northeast Harbor Marina Renovation Project. Selectman Mooers moved to approve the Boards support of the Phase I of the Marina Project, seconded by Selectman Bucklin. The motion was approved 3-0.
Item not on the agenda. Citizen Jim Bright asked about having the cooking grills replaced at Suminsby Park. The old fire grills are broken and are not useable; people are still having fires but are having them on the ground. Public Works Director Smith said the cost for the repairs would be small and the work could be done, he would look into and report back to the Board.
IX. Committee Reports
No action taken, acknowledgement of receipt of Public Protection Committee minutes for March 11, 2009.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 80 for $790,903.30.
Selectman Mooers moved to approve Treasurer’s warrant # 80 for $790,903.30 seconded by Selectman Bucklin The motion was approved 3-0.
X Executive Session
None
Respectfully submitted,
Rick Mooers
Secretary
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