MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 1, 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: Chairman Jeffrey Smith, Selectmen Rick Mooers, Chuck Bucklin, Jean Bonville and Marilyn Damon, Police Chief James Willis, Fire Chief Mike Bender, Harbor Master Shawn Murphy, Public Works Director Tony Smith, Code Enforcement Officer Kimberly Keene, Town Clerk Joelle Nolan, Recording Secretary Jennifer McWain and members of the public.
I. Call to order.
Chairman Smith called the meeting to order at 6:30PM.
II. Minutes
A. Approve minutes of May 26, 2009.
Selectman Bonville offered corrections to the minutes of May 26, 2009. Selectman Mooers moved to approve the minutes as amended, seconded by Selectman Damon. The motion was approved 5-0.
III. Appointments and Communications
A. Confirm appointment of Brian D. McGinley as part-time Police Patrol Officer, effective June 2, 2009 at hourly rate of $15.00.
After brief discussion with Police Chief Willis on the difficulty of hiring employees, Selectman Mooers moved to confirm the appointment of Brian D. McGinley as part-time Police Patrol Officer, effective June 2, 2009 at hourly rate of $15.00, seconded by Selectman Bonville. The motion was approved 5-0.
IV. Consent Agenda
A. Acknowledge receipt of Weekly Construction Summary for Somesville WWTF Upgrade for week of May 22, 2009.
B. Acknowledge receipt of Maine Department of Marine Resources request for comments on Joseph Proda d/b/a Egypt Bay Seafarms application for a limited-purpose, experimental aquaculture lease in Goose Marsh Pond.
C. Acknowledge receipt of notice of election process for Maine Municipal Association Executive Committee.
D. Acknowledge receipt of award of State Planning Office Shore and Harbor Planning Grant in the amount of $20,000.00.
E. Acknowledge receipt of CEO notice of vacating of Notice of Violation, Automobile Graveyard, (Walls, Stanley Mountain Road).
Selectman Mooers moved to accept the Consent Agenda as presented items A-E, no items removed, seconded by Selectman Bucklin. The motion was approved 5-0.
Resident John Stanley of Indian Point Road stated that he and other nearby residents had some concerns with the Egypt Bay Seafarms application. He provided the Board of Selectmen a letter that he sent to the Department of Marine Resources.
V. Selectmen Reports
None
VI. Old Business
A. Approve financing source for Fire Department ladder truck purchase.
Fire Chief Bender solicited additional bids as requested from Machias Savings Bank and Union Trust Bank. After brief discussion Selectman Bonville thanked Fire Chief Bender for his efforts and moved to accept the Bar Harbor Banking and Trust bid to borrow $289,905.00 for five years at 2.38%, seconded by Selectman Mooers. The motion was approved 5-0.
B. Approve temporary liquor license to Kim Horton d/b/a Bassa Cocina de Tapeo.
After explanation from the Town Manager for the reason for a temporary liquor license, change in ownership in Bassa’s corporation, currently liquor license is null and void, tight opening deadline of June 19th and the necessity of a public hearing on the license for a new owner. Selectman Mooers moved to approve the issuance of a temporary liquor license, seconded by Selectman Bonville. The motion was approved 5-0. Public hearing for the new liquor license will be held June 15, 2009 at the Northeast Harbor Town Office.
VII. New Business
A. Review and discussion of Town of Mount Desert Wastewater Collection and Treatment Infrastructure Audit with William M. Olver, P.E.
This item was taken out of order, at the beginning of the meeting. Mr. Olver was present and provided an executive summary of the 60 page report, pointing out areas of operation needing improvement and complementing the Town on the infrastructure expenditures the Town has made in renovating the Town's 35 year old plants. Selectman Bucklin asked if the Town had ever considered one plant. Mr. Olver said that was discussed at one time but because of the distance and the geography between villages it provided many challenges. Public Works Director Smith provided his insights into the audit and advised that many of the suggestions are in the process of implementation.
B. Review and discussion of Maine Department of Environmental Protection Notice of Violation for Somesville treatment plant.
This item was taken out of order, at the beginning of the meeting. Town Manager and Mr. Olver summarized the Notice of Violation and the consent decree discussions with the DEP. The Department of Environmental Protection was provided with copy of Mr. Olver's report on Friday May 29, 2009. Selectman Bonville acknowledged the good report. No action taken.
C. Approve release of $300,000.00 from Municipal Reserve Fund account number 20-24104-71 Fire Equip/Engine Reserve, (balance $569,179.17) to fund partial payment for new ladder truck, balance to be funded through donation and bonding.
Selectman Mooers moved to approve the release of $300,000.00 from Municipal Reserve Fund account number 20-24104-71 Fire Equip/Engine Reserve, (balance $569,179.17) to fund partial payment for new ladder truck, balance to be funded through donation and bonding, seconded by Selectman Bonville. The motion was approved 5-0.
D. Accept donation of $70,000.00 from Mount Desert Fire/Rescue Association as contribution toward purchase of ladder truck.
Selectman Mooers moved to accept a gift of $70,000.00 from the Mount Desert Fire/Rescue Association for the purchase of a ladder truck. Seconded by Selectman Bonville. The gift is to be deposited in the Fire Equipment and Engine Reserve account. The Board directed the Town Manager to write a letter of appreciation for the gift. The motion was approved 5-0.
E. Accept donation of two Automatic External Defibrillors (AED) from Mount Desert Fire/Rescue Association.
F. Selectman Mooers moved to accept the donation of two Automatic External Defibrillors (AED) from the Mount Desert Fire/Rescue Association, seconded by Selectman Bonville. The Board directed the Town Manager to write a letter of appreciation for the gift. The motion was approved 5-0.
VII. General Issues
A. Review of Colonel’s plumbing code inspection (Damon).
This item was taken out of order. Considerable discussion between Selectmen Bucklin and Damon with Town Attorney Collier concerning what the Town could and could not do to improve the Colonel’s plumbing inspection process. Attorney Collier and State Plumbing inspector advised the Town and Code Enforcement Officer Keene that a Consent Decree was not an option. Selectman Damon stated that the plumbing code was not in black and white and that she felt that it was the duty of the Code Enforcement Officer to check with vague information and be more thorough. Selectman Mooers suggested that if there was language that needed to be clarified it might be helpful to have a checklist, and perhaps pass these suggestions on to the Plumbing Inspector. There were comments from General Contractor Young suggesting improvements to the inspection
process. Planning Board Chairman Bright stated that the contractors should be familiar with the Code’s that they are working with and maybe a checklist would help. Code Enforcement Officer Keene provided additional details of the inspection in regards to the numerous floor plans she was presented with through this building process. The original floor plans changed, a Master Plumber needed to be there, as there were significant changes of the plumbing layout, some plumbing fixtures were not indicated on floor plans in the final stages. There were comments from members of the public of criticism of Town employees, and their knowledge of their duties. The Board took no action.
B. Municipal employee dress code (Damon).
This item was taken out of order. Selectman Damon opened the discussion with a summary of her recent conversations with town residents concerned about the appearance and the clothing choices for the Town Office staff. Selectman Damon suggested making a uniform dress code. Selectman Mooers pointed out that the dress code is part of the Town’s personnel policy administered by the Town Manager and it is not up to the Board of Selectmen to micro-manage, and if residents have concerns to direct those concerns and comments to the Town Manager and he will deal with it as a personnel issue. The Board took no action.
IX. Committee Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 91 for $243,708.50
Selectman Mooers moved to approve Treasurer’s warrant # 91 for $243,708.50 seconded by Selectman Bonville 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.
Respectfully submitted,
Jean Bonville
Secretary
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