MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 15, 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, and Jean Bonville, Town Manager Michael MacDonald, Police Chief James Willis, Fire Chief Mike Bender, Harbor Master Shawn Murphy, Public Works Director Tony Smith, Finance Director John Graves, Recording Secretary Jennifer McWain and members of the public. Selectman Damon was absent.
I. Call to order.
Chairman Smith called the meeting to order at 6:30PM.
Break for Public Hearing on the Marine Management Committee’s recommended amendments to the Harbor Regulations. The Public Hearing was opened at 6:30PM. Harbor Master Murphy had a few grammatical and minor typographical corrections. There were no comments from the public. The Public Hearing was closed at 6:35PM.
Second Public Hearing was for the approval of a Class I Liquor License (Malt, Spirituous and Vinous) for Kim Horton d/b/a Bassa Cocina de Tapeo, 3 Old Firehouse Lane, Northeast Harbor, the Public Hearing was opened at 6:35PM. There were no comments from the public. The Public Hearing was closed at 6:35PM.
II. Minutes
A. Approve minutes of June 1, 2009.
Selectman Mooers moved to approve the minutes of June 1, 2009 with amendments, seconded by Selectman Bucklin. The motion was approved 4-0.
III. Appointments and Communications
A. Confirm appointment of Jordan Zwerdling as part-time wastewater treatment plant helper, effective June 16, 2009 at hourly rate of $12.00.
Selectman Mooers moved to confirm the appointment of Jordan Zwerdling as part-time wastewater treatment plant helper, effective June 16, 2009 at hourly rate of $12.00, seconded by Selectman Bucklin. The motion was approved 4-0.
IV. Consent Agenda
A. Acknowledge receipt of Weekly Construction Summary for Somesville WWTF Upgrade for week of May 29, 2009 and June 5, 2009.
B. Acknowledge receipt of monthly department reports; Police, Code Enforcement, Assessor, Public Works – Highway, Solid Waste, Buildings and Grounds, Wastewater, Town Clerk, Fire, Finance, and Harbors.
C. Acknowledge receipt of Code Enforcement Officer notice to plumber’s and Plumbing contractors.
D. Acknowledge receipt of letter of appreciation from the Recycling Group at Mount Desert Elementary School.
E. Acknowledge receipt of monthly financials, General Ledger, Revenue Report, and Expense Report.
F. Acknowledge receipt of minutes of Annual Town Meeting May 4-5, 2009 and two Special Town Meetings held June 9, 2009.
G. Acknowledge RedZone comment letter.
Selectman Mooers moved to accept Consent Agenda items A, B, D through G, seconded by Selectman Bucklin. The motion was approved 4-0.
Item C was removed from the Consent Agenda for discussion by Selectman Bucklin. There was considerable discussion between Selectman Bucklin and Town Manager MacDonald as MacDonald explained the rationale for developing the plumbing checklist and the notice to the plumbing contractors. Selectman Mooers stated that in response from comments to improve the process, the language in Code Enforcement Officer Keene’s letter is taken from the State Plumbing Code. The Board of Selectmen requested that the Town Manager and Code Enforcement Officer meet with plumbing contractors that have questions.
V. Selectmen Reports
Chairman Smith relayed Selectman Damon’s request for information on the bulletin board project to Public Works Director Smith.
Selectman Mooers invited Police Chief Willis to explain a Justice Department grant Program. Chief Willis explained that $4,200.00 was available to all Law Enforcement agencies in the area and that the agencies wished to combine a portion (approximately $1,000 to $1,500 each) of their grant monies to restore a firing range. The balance of the grant would fund a bicycle patrol and an underage drinking enforcement project. Selectman Mooers moved to approve the application for the grant with use of the funds as outlined, seconded by Selectman Bucklin. The motion was approved 4-0.
Selectman Bucklin noted that in a recent conversation with a Bar Harbor Town Councilor and a Southwest Harbor Selectman that they were inquiring if there were opportunities for shared services. Selectman Bucklin asked if the League of Towns had any ideas on what would be appropriate. Town Manager MacDonald suggested that a decision on shared services is a political decision and direction for investigation should be initiated between the elected bodies. Discussion among the elected bodies will continue.
VI. Old Business
A. Northeast Harbor Marina Improvement Project cost estimates from CES consultant Noel Musson.
CES consultant Musson provided copies of a summary of the conceptual design phase of the project development. There was considerable discussion with members of the Marine Management Committee and members of the public, mostly in support of the project. Mr. Musson indicated that a major portion of the contract might be covered by the planning grant the Town received from the State Planning Office. No action taken. Selectman Mooers stated that it was essential to keep this topic on track, he would like to add this item to the next meeting agenda.
B. Approve request to relocate/remove Seal Harbor dumpsters.
There was considerable discussion with members of the Solid Waste Committee and members of the public. The topic drifted into a discussion of dumpsters in general and the Northeast Harbor Marina dumpsters in particular. Comments that increased monitoring would prevent unauthorized or illegal deposits into the containers. Discussion returned to the Seal Harbor dumpsters and Selectman Bonville moved that the Seal Harbor dumpsters currently located near the gate to the Seal Harbor Wastewater Treatment Plant be removed at this time, seconded by Selectman Mooers. The motion was approved 3-1, Selectman Mooers opposed.
C. Approve release of $70,000.00 from Fire Equip/Engine Reserve account 20-24104-71 to fund non-bonded portion of ladder truck purchase.
Selectman Mooers moved to approve the release of $70,000.00 from the Fire Equipment/Engine Reserve account. Selectman Bonville moved that the record reflect the $70,000.00 was a donation from the Mount Desert Fire and Rescue Association and the amount was a partial payment toward the ladder truck purchase, seconded by Selectman Bucklin. The motion was approved 4-0.
VII. New Business
A. Approve Marine Management Committee Harbor Regulations amendment recommendations.
Harbor Master Murphy briefly outlined a number of grammatical and minor typographical corrections. Selectman Mooers moved for approval as amended, seconded by Selectman Bonville. The motion was approved 4-0.
B. Approve request to solicit bids for Fire Department SCBA air compressor.
Fire Chief Bender provided additional information about the repair frequency and the cost of the existing compressor with a blown head gasket and needing a cylinder sleeve replacement. Selectman Mooers moved to approve the request to solicit bids for a new compressor, seconded by Selectman Bonville. The motion was approved 4-0.
C. Approve transfer of $5,974.74 of July 29, 2007 NEH Main Street fire costs from Emergency Management (account 104-40-503-99) to Selectman’s Contingency (account 102-01-509-50).
Town Manager MacDonald briefly outlined the costs associated with the July 29, 2008 Northeast Harbor Main Street fire. Associated costs were charged to the Emergency Management Account in order to track the expense to the Fire Department for fighting the fire. Selectman Mooers moved for approve the transfer of $5,974.74 of July 29, 2008 NEH Main Street fire costs from Emergency Management (account 104-40-503-99) to Selectman’s Contingency (account 102-01-509-50), seconded by Selectman Bucklin. The motion was approved 4-0.
D. Approve Class I Liquor License (Malt, Spirituous and Vinous) for Kim Horton d/b/a Bassa Cocina de Tapeo, 3 Old Firehouse Lane, Northeast Harbor.
Selectman Mooers moved to approve the Class I Liquor License (Malt, Spirituous and Vinous) for Kim Horton d/b/a Bassa Cocina de Tapeo, 3 Old Firehouse Lane, Northeast Harbor, seconded by Selectman Bonville. The motion was approved 4-0.
E. Extend Radio/Television/Telephone Towers, Monopoles and Antennas and Wind Towers Moratorium Ordinance until February 8, 2010 as requested by Planning Board Chairman Bright.
Planning Board Chairman Bright provided the Board of Selectmen with a brief explanation of the reason for extending the moratorium. There was discussion between Select Board members and Planning Board Chairman Bright. Selectman Mooers suggested an ending date of November 3, 2009, to not permit overlapping the Moratorium Ordinance and any Planning Board approved regulatory ordinance. CES consultant Musson advised that typically any ordinance approved as a result of a moratorium typically nullified or negated the moratorium ordinance. Audience member suggested voting on a sample ordinance on November 3, 2009, an ordinance that could be improved before the Annual Town Meeting in May 2010. Selectman Bonville advised that extending the moratorium ordinance will require a Public Hearing, suggested adding a Public Hearing to the June 29, 2009 Board
of Selectmen meeting agenda.
VII. General Issues
A. Consideration of Selectman’s meeting, June 29, 2009.
After brief discussion, the Select Board approved holding a Selectmen’s meeting on June 29, 2009 and to add the CES contract approval to that meeting agenda.
B. Review report on impact of 2007 audit comments.
Town Manager MacDonald summarized the findings outlined in the report in the Selectman’s package. Selectman Bonville provided insight that the fiscal impact is understated, but also indicated the difficulty in precisely determining the amount of any additional costs to the Town. Selectman Bonville commented that overall improvements have been made. Chairman Smith commented that the Town has made significant progress in addressing the items in the 2007 audit report. Selectman Bucklin inquired about the uncollected balance in the lost deposit. Town Manager MacDonald indicated the uncollected balance was $65.18; Selectman Bonville reminded the Board that amount would have to be written off the books.
IX. Committee Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #95 for $1,267,492.73 and #97 for $332,975.37.
Selectman Bonville questioned Warrant #95 in regards to the check to the ladder truck manufacturer and that all was charged to the reserve account, only authorizing $300.00.00 from reserves. Town Manager MacDonald discussed the cash management and timing issues, until tonight staff did not know when the next Selectmen meeting was going to take place (July 6th was the next scheduled meeting until the change was made in VII A above). Selectman Bonville requested removal of check #24460 for $659,905.00 from Warrant #95. Selectman Mooers moved to approve as amended, seconded by Selectman Bucklin. The motion was approved 4-0.
Selectman Mooers moved to approve Treasurer’s Warrant #97 for $332,975.37, seconded by Selectman Bucklin. The motion was approved 4-0.
X Executive Session
None
Selectman Mooers motioned for adjournment at 8:10PM, seconded by Selectman Bucklin. The motion was approved 4-0.
After the Board of Selectmen meeting was adjourned, the meeting was reconvened in order to acknowledge the votes required by the Board of Selectmen for the bonding of the new fire truck. Selectman Mooers moved to approve the votes and to sign the bond, seconded by Selectman Bucklin. The motion was approved 4-0. The votes are recorded below:
TOWN OF MT. DESERT
MEETING OF BOARD OF SELECTMEN
The Board of Selectmen of the Town of Mt. Desert met on June 15, 2009, at the Town Hall Meeting Room in Mt. Desert, Maine. Present were Chairman Jeffrey T. Smith, Vice Chairman James R. Mooers, Secretary Jean Bonville and Selectman Charles Bucklin being four of the Selectmen of the Town of which there are five, together with the Treasurer and Clerk of the Town, John A. Graves and Jennifer McWain, Deputy. The Chairman presided and the Clerk kept the record. The Select¬men discussed the matter of financing the purchase of a fire truck. The meeting was open to the public, which was notified by means of posting a notice in public places. Upon motions made and duly seconded, the following votes were unanimously adopted:
VOTED: Pursuant to authority granted by Section 5772 of Title 30-A, Maine Revised Statutes, as amended, and action taken by the voters of the Town at a Town meeting held May 4 and 5, 2009, and any other applicable authority under the laws of the State of Maine thereto enabling, the Treasurer and a majority at least of the Board of Selectmen of the Town of Mt. Desert, Maine, are hereby authorized to execute and deliver the 2009 General Ob¬li¬gation Bond of the Town in a principal amount not exceeding Two Hundred Eighty-Nine Thousand Nine Hundred Five Dollars ($289,905), for financing the purchase of a fire truck for the Town (the "Project"), to be executed and delivered to Bar Harbor Bank & Trust on be¬half of the Town by the Treasurer and countersigned by a majority at least of the Select¬men of the
Town, such Bond to be for a term not to exceed five (5) years, at an in¬ter¬est rate of 2.38% per annum, and to be on such further terms and conditions as may be agreed to by the Treasurer and a majority at least of the Selectmen of the Town (the "Bond"), said Bond to be dated as of June 19, 2009.
VOTED: That all actions heretofore taken by the municipal officers of the Town of Mt. Desert relating to the issuance of the Town's 2009 General Obligation Bond be, and they hereby are, ratified, approved, and confirmed.
VOTED: That pursuant to the requirements of the Internal Revenue Code of 1986, as amended, the Town desig¬nates the Bond to be a "qualified tax exempt obligation" of the Town, and that the Town shall not issue in 2009 an aggregate total amount of qualified tax exempt obligations in excess of $30 million. Further, the Town does not reasonably expect to issue qualified tax exempt ob¬li¬ga¬tions in an amount in excess of $5 million during 2009.
VOTED: That the Town shall take any and all actions required under the Internal Revenue Code of 1986, as amended, to maintain the tax exempt status of the interest on the Bond, and to maintain the status of the Bond as a "qualified tax exempt obligation" of the Town and that the Bond may be sub¬ject to such further terms and conditions as may be agreed to be a
majority at least of the Board of Selectmen and the Treasurer of the Town to carry into effect the full intent of this resolution.
VOTED: That the law firm of Eaton Peabody is hereby desig¬nated as bond counsel for the Town to advise the Town with respect to the issuance and sale of the Bond, and to prepare documents and render opinions as may be necessary or con¬venient for the purpose.
VOTED: That the municipal officers and officials of the Town are hereby authorized to execute all documents and certificates, and to take all action, including affixing the seal of the Town, as may be necessary or convenient to carry out the full intent of the fore¬going votes or any one of them.
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Chairman, Board of Selectmen
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Selectman
(SEAL)
____________________________________
Selectman
____________________________________
Selectman
____________________________________
Selectman
I certify that I am the duly qualified Town Clerk of the Town of Mt. Desert, Maine, and that the foregoing votes were adopted by the Board of Selectmen a meeting duly called and legally held in ac¬cor¬dance with the laws of Maine, that the meeting was open to the public and that adequate and proper notice thereof was given in accordance with the laws of Maine, on June 15, 2009 and that such votes have been entered into and become a part of the permanent records of the Town and remain in full force and effect and have not been rescinded or amended.
TOWN OF MT. DESERT
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Dated at Mt. Desert, Maine Town Clerk
Dated: June 19, 2009
(SEAL)
Respectfully submitted,
Jean Bonville
Secretary
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