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Selectmen Meeting Minutes - 05/26/09
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, May 26, 2009

A meeting of the Board of Selectmen was held this date in the Somesville Fire Station, Somesville, Maine.

Those present included: Vice Chairman Rick Mooers, Selectmen Chuck Bucklin, Jean Bonville and Marilyn Damon, Town Manager Michael MacDonald, Public Works Director Tony Smith, Harbor Master Shawn Murphy, Fire Chief Mike Bender, Police Chief Jim Willis, Recording Secretary Jennifer McWain and members of the public. Chairman Jeff Smith arrived at 6:31PM.  

Call to order.

Vice Chairman Mooers called the meeting to order at 6:30PM. Chairman Smith arrives at 6:31PM.

I.      Minutes

A.      Approve minutes of February 17, 2009 and May 11, 2009.

Selectman Bonville moved to approve the minutes for February 17, 2009, with minor corrections seconded by Selectman Bucklin. The motion was approved 3-0-2, with Mooers and Damon abstaining.

Selectman Mooers moved to approve the minutes for May 11, 2009, with minor corrections seconded by Selectman Bucklin. The motion was approved 4-0-1, with Bonville abstaining.

III.    Appointments and Communications

A.      Approve appointment of Sharon L. Gilley and Kathleen Branch to Public Protection Committee.

        Selectman Bonville moved to approve the appointment of Sharon L. Gilley and Kathleen Branch to the Public Protection Committee, seconded by Selectman Bucklin. The motion was approved 5-0.

B.      Approve appointment of ballot clerks for June 9, 2009 Special Town Meeting for school validation referendum elections.

        Selectman Bonville moved to approve the appointment of the ballot clerks for June 9, 2009 Special Town Meeting for school validation referendum elections, seconded by Selectman Bucklin. The motion was approved 5-0.

        Break for Public Hearing on the Special Amusement Permit for the Main Sail Restaurant, the Public Hearing was opened at 6:35PM. There were comments about how late music can go into the evening. The Public Hearing closed at 6:44PM.

C.      Confirm appointment of Matthew Rankin and Joanne Dunton as seasonal Public Works employees at a rate of $12.00 per hour, effective May 27, 2009.

        Selectman Mooers moved to confirm the appointment of Matthew Rankin and Joanne Dunton as seasonal Public Works employees at a rate of $12.00 per hour, effective May 27, 2009, seconded by Selectman Bucklin. The motion was approved 5-0.
        
D.      Acknowledge receipt of department monthly reports; Fire, Assessing.

        Acknowledged receipt of department monthly reports.

E.      Acknowledge receipt of notice of award of Highway Safety Speed Enforcement Grant.

        Acknowledged receipt of notice of award of Highway Safety Speed Enforcement Grant. Selectman Bucklin questioned if there was a matching portion of the grant and if there would be separate book keeping for those figures. Police Chief Willis said that there was a matching portion of the grant and he used his salary as a plug in figure, and he believed that book keeping end was being worked on presently.

F.      Acknowledge receipt of Somesville Treatment Plant Upgrade Weekly Construction Summary for week of May 8, 2009, May 15, 2009.

        Acknowledge receipt of the Somesville Treatment Plant Upgrade Weekly. Public Works Director Smith said that the Upgrade project is right on schedule, due to be finished by September 9, 2009.

G.      Acknowledge receipt of note of appreciation from Eastern Agency on Aging for 2008 Town Meeting approved contribution.

        Acknowledged receipt of note of appreciation from Eastern Agency on Aging for 2008 Town Meeting approved contribution.

H.      Acknowledge receipt of request letter to Main Street property owner seeking permission to inspect property.

        Acknowledged receipt of request letter to a Main Street property owner seeking permission to inspect their property. Fire Chief Bender stated that he and Code Enforcement Officer Kim Keene inspected the property and there was no violations based on the Life Safety Codes for unoccupied buildings.

I.      Acknowledge receipt of response and request from Down East Chapter of Ford Model T Club.
        Acknowledged receipt of response and request from the Down East Chapter of Ford Model T Club, there was considerable discussion on where the vehicles could and would park. The Board agreed with Selectman Bucklin in using the village green.

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

        Acknowledge receipt of monthly financials, Selectman Bonville noted that the general ledger should show month's credit and debit activity. The other two reports she found satisfactory.
        
IV.     Consent Agenda

A.      Approve Special Amusement Permit for Main Sail Restaurant, Class E License, (dancing accompanied by music produced by radio or other mechanical device/one or more vocalists and/or instrumentalist with mechanical amplification).

Selectman Mooers moved to approve the Special Amusement Permit for the Main Sail Restaurant, seconded by Selectman Bonville. The motion was approve 5-0.

B.      Approve release of $500.00 from Account #85-29800-00, Horace & Mary Reynolds Scholarship Fund, (Balance $13,693.30) for 2009 MDI High School Scholarship.

        Selectman Bonville moved to approve the release of $500.00 from Account #85-29800-00, Horace & Mary Reynolds Scholarship Fund, (Balance $13,693.30) for 2009 MDI High School Scholarship, seconded by Selectman Mooers. The motion was approved 5-0.

C.      Approve Bangor Hydro Electric Company utility location permit for one pole on Lower Dunbar Road (Seal Harbor) approximately 83 feet southerly from the junction of Whoville Way.

Selectman Bucklin moved to approve the Bangor Hydro Electric Company utility location permit for one pole on Lower Dunbar Road (Seal Harbor) approximately 83 feet southerly from the junction of Whoville Way, seconded by Selectman Bonville. The motion was approved 5-0.

V.      Selectmen Reports
        
Selectman Bucklin brought up his concerns with the language of the State plumbing code with the responsibility of the plumbing contractor to take the person inspecting the plumbing around to inspect the work of the contractor. Both Selectman Damon and Bucklin requested copies of the pertinent section of the State Plumbing Code.

Selectman Bucklin also inquired if Maine DOT had plans to improve the pavement on Shady Hill. Public Works Director Tony Smith indicated that MDOT has no plans to make any improvements.
There was brief discussion with Selectman Bucklin and Public Works Director Smith about the progress over the “Cage”. Selectman Mooers stated that the Board of Selectmen authorized up to $15,000, not a complete re-do to the area, just what needed to be done. Public Works Director Smith stated that his Department will assist with painting lines, digging up roots and repaving the disturbed section.

VI.     Old Business

A.      Review attorney research on dumpsters.

Town Manager MacDonald updated the Board on the findings of the Attorney’s research on the Town dumpsters. Selectman Mooers felt encouraged by Attorney Collier’s report, and that the Bartlett Landing’s dumpster is serving its purpose, and would not recommend moving the Seal Harbor dumpster back to a local across from a residence. Selectman Mooers moved to leave things as they are, seconded by Selectman Bucklin. The motion was approved 5-0.

B.      Approve financing source for Fire Department ladder truck purchase.

Selectman Bonville was disappointed that Union Trust Bank was not solicited for a bond rating for the purchase of the ladder truck. The Board’s consensus was that Union Trust and Machias banks would receive requests for bids. No action taken, the Board will review and act on the bids at the June 1, 2009 meeting.

C.      Approve purchase of Fire Department personnel protective equipment (turnout gear) from Industrial Protection Services, LLC for $1,985.00 per set.

Selectman Mooers approved the purchase of the Fire Department personnel protective equipment (turnout gear) from Industrial Protection Services, LLC for $1,985.00 per set, seconded by Selectman Bucklin. The motion was approved 5-0.

VII.    New Business

A.      Confirm approval of award of NEH village green boundary survey to CES, Inc. in the amount of $2,500.00.         

Following discussion as to the reason for accepting the higher bid from the Board, Harbor Master Murphy stated it was to avoid extra costs moving the survey data from one firm to our Marina renovation contractor. Selectman Bonville moved to approve the award to CES, paid for from reserve account 20-24120-82, Northeast Harbor Capital Improvement Reserve account with a balance of $203,000.10, seconded by Selectman Mooers. The motion was approved 5-0.

B.      Approve 2009-2010 Selectman’s meeting schedule.

Selectman Bonville moved to approve the 2009-2010 Selectman’s meeting schedule, seconded by Selectman Mooers. The motion was approved 5-0.
C.      Authorize Finance Director John Graves as the Town’s Authorized Officer to administer the bankcards.
        
        Selectman Mooers moved to authorize Finance Director John Graves as the Town’s Authorized Officer to administer the bankcards, seconded by Selectman Bonville. The motion was approved 5-0.     

D.      Approve General Assistance Fair Hearing Authority inter-local agreement and authorize Town Manager to sign agreement on behalf of the Town.

        Selectman Bonville moved to approve the General Assistance Fair Hearing Authority inter-local agreement and authorize Town Manager to sign agreement on behalf of the Town, seconded by Selectman Mooers. The motion was approved 5-0.

E.      Acknowledge receipt of letter of introduction from RestoreNEH.

Mount Desert Chamber of Commerce Executive Director Lawrence introduced the newly formed RestoreNEH group, introduced members and discussed the goals of the group. RestoreNEH group member Cheryl Chase announced the date of the next meeting as June 15th and that meetings are open to the public. Citizen Rick Savage stated that he felt that this community is at a critical juncture. Selectman Mooers echoed Citizen Savage’s thoughts and stated that it was important to recognize RestoreNEH and their efforts. The entire Board of Selectmen voiced their support for the group. A member from the RestoreNEH inquired if Code Enforcement could take some action to protect the public from the fencing around the foundations of the buildings destroyed by fire last year.      

F.      Award 2009 Rural Waste Water Support Program Pumping Bid to Action Septic Service.

Selectman Mooers moved to award 2009 Rural Waste Water Support Program Pumping Bid to Action Septic Service at the total cost per gallon of 21 cents, seconded by Selectman Bonville. The motion was approved 5-0.
        
VII.    General Issues

Selectman Damon inquired about property the Town owns and suggested two sided bulletin boards in three of the villages for posting Town plans and agendas. Public Works Director Smith will develop cost estimates for construction of the boards.

Harbor Master Murphy and Marine Management Committee member Rick Savage requested expression of support from the Board of Selectmen for the Northeast Harbor Marina redevelopment project, stating that the project was vital to the economic vitality of Northeast Harbor. CES consultant Noel Muson will be a future Board of Selectmen meeting (likely June 15th) to present the Board with a more accurate picture of the future costs for design and development plans.

Selectman Bonville requested a report on the financial impact of our 2008 financial difficulties and requested a report from the Town Manager for the June 15th meeting.        
IX.     Committee Reports

A.      Safety Committee minutes of meeting of April 16, 2009.

        Acknowledged the Safety Committee minutes of meeting of April 16, 2009.

X.      Treasurer’s Warrants

A.      Approve Treasurer’s Warrant #89 for $422,060.74.

        Selectman Mooers moved to approve Treasurer’s warrant # 89 for $422,060.74, seconded by Selectman Bucklin The motion was approved 5-0.

X       Executive Session

None

Selectman Mooers motioned for adjournment at 8:20PM, seconded by Selectman Bucklin. The motion was approved 5-0.

The next regularly scheduled meeting is Monday June 1, 2009 at 6:30 P.M. in Town Office Meeting Room, Northeast Harbor.

Respectfully submitted,


Jean Bonville,
Secretary