MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 29, 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, Town Manager Michael MacDonald, Harbor Master Shawn Murphy, Public Works Director Tony Smith, Code Enforcement Officer Kimberly Keene, Recording Secretary Jennifer McWain and members of the public.
I. Call to order.
Chairman Smith called the meeting to order at 6:33PM.
Break for Public Hearing on the Extension of Moratorium Ordinance for Radio/Telephone Towers, Monopoles and Antennas, and Wind Towers. The public hearing opened at 6:34PM. There were brief comments from residents. Anne Funderburk requested adding a link to Electromagnetic Fields articles on the Town Website, Board of Selectmen members agreed. Resident Linda Lewis indicated support for the moratorium with the goal of providing cell coverage to those areas of Mount Desert that are currently not served. Planning Board Chairman Bright advised public that the Planning Board would be looking to develop a regulatory section of our LUZO for a public vote at a special Town Meeting on November 3, 2009.
II. Minutes
A. There were no minutes available.
III. Appointments and Communications
A. Approve appointment of Sumner Rulon-Miller to Warrant Committee.
Selectman Mooers moved to approve the appointment of Sumner Rulon-Miller to the Warrant Committee, seconded by Selectman Bucklin. The motion was approved 5-0.
B. Approve appointment of Sumner Rulon-Miller to Planning Board.
At the request of the Planning Board, Selectman Mooers tabled appointment of Sumner Rulon-Miller to the Planning Board, seconded by Selectman Bucklin. The motion passed 5-0.
C. Approve appointment of Sumner Rulon-Miller to Investment Committee.
Town Manager MacDonald stated that currently there are no open vacancies on the Investment Committee, and the meetings are open to the public. No action taken.
D. Approve appointment of John Stanley to Shellfish Conservation Committee.
Selectman Bonville moved to approve the appointment of John Stanley to the Shellfish Conservation Committee, seconded by Selectman Mooers. The motion was approved 5-0.
E. Confirm appointment of Terry Savage as Wastewater Superintendent, effective June 30, 2009 at a probationary rate of $892.27 per week, increasing to $937.62 after successful completion of six-month probationary period.
Selectman Bonville moved the confirmation of the appointment of Terry Savage as Wastewater Superintendent, effective June 30, 2009 at a probationary rate of $892.27 per week, increasing to $937.62 after successful completion of six-month probationary period, seconded by Selectman Mooers. The motion was approved 4-1, with Selectman Damon opposed.
IV. Consent Agenda
A. Acknowledge receipt of Olver Associates Weekly Construction Summary for Week of June 12, 2009 and June 19, 2009.
Motion by Selectman Bucklin to accept the Consent Agenda as presented, one item, seconded by Selectman Mooers. The motion was approved 5-0.
V. Selectmen Reports
Selectman Damon thanked Public Works Director Tony Smith for taking her and Selectman Bonville around to various potential bulletin board sites.
Selectman Bucklin made comments about the popularity and use of the dumpsters at the Town Marina in Northeast Harbor.
VI. Old Business
A. Approve Northeast Harbor Marina Planning/Design contract with Civil Engineering Services and authorize Town Manager to sign on behalf of the Town.
There was considerable discussion with Selectman Bonville, Town Manager MacDonald, and Harbor Master Murphy regarding the source of funding for this project. It was determined that the $20,000.00 State Planning Office Grant, along with the balance from the funds already approved will pay for this contract. If further funds should be required Harbor Master Murphy will return to the Board to seek release of the funds. Selectman Mooers moved to authorize Town Manager MacDonald to sign on behalf of the Town, seconded by Selectman Bonville. The motion was approved 4-1, with Selectman Damon opposing. Selectman Bonville requested a complete transaction history of the Harbor Grant and Marina Reserves.
B. Approve extension of Moratorium Ordinance for Radio/Telephone Towers, Monopoles and Antennas, and Wind Towers.
Referring to comments made during the public hearing, Selectman Mooers moved approval of the Moratorium extension, seconded by Selectman Bucklin. The motion was approved 5-0.
C. Approve “write off” of $65.18 of uncollectable amount from July 2007 “lost deposit.”
Town Manager MacDonald provided a summary of recovery efforts and the reason (payer moved out of state) for this final write off of the 2007 lost deposit. There was considerable discussion with members of the public on responsibility and punishment. Selectman Smith advised that personnel issues would not be discussed. Selectman Mooers moved to approve writing off the remaining balance of $65.18, seconded by Selectman Bonville. The motion was approved 5-0.
VII. New Business
A. Approve Town of Mount Desert participation in cooperative winter salt bid with Maine Department of Transportation, approximately 1,500 tons at $72.22 per ton.
There was brief discussion between Selectman Bucklin and Public Works Director Smith on the process to obtain bids. Selectman Mooers moved approval to participate in a cooperative winter salt bid with Maine DOT, seconded by Selectman Bonville. The motion was approved 4-1, with Selectman Damon opposing.
B. Discussion with and approval of MDI High School Trustees plan for replacing the roof at the high school.
There was considerable discussion with High School Trustee Edward Bonville on the background and the need for a bond. There were many questions from the Board of Selectmen and the public. The Board of Selectmen indicated a consensus of support for the project and thanked the Trustees for the forward looking view and willingness to discuss Trustee issues with the communities that are responsible for paying for the Trustee’s decisions.
C. Discussion of drainage issues in Rock End Road/Maple Lane, former Forest Lane.
Maple Lane resident Dan Falt was present to discuss detailing effects of the flooding in the Rock End Road/Maple Lane, former Forest Lane area. Mr. Falt provided photographs of the flooding. Neighborhood resident and former resident confirmed the effects of flooding. Public Works Director Smith provided background on improvements prior to 1990. Public Works Director Smith requested and the Board authorized obtaining an engineer’s estimate for cost of hydrology study of the area. Director Smith will videotape the sewer line in the area to determine sizes and functionality of the lines.
D. Cast ballot(s) for Maine Municipal Association Vice President and Executive Committee.
No action required, this item was to receive nominations from the “floor”.
VII. General Issues
A. Notice from Senator Collins advising of successful withdrawal from Federal Navigation Project.
There was brief discussion with Harbor Master Murphy on the advantages and disadvantages of the completion of this ten plus year project to remove the Town from the Federal Navigation Project. No action required.
B. Notice of tax billing, tax club participation and street numbering notice.
There was considerable discussion with Selectman Bonville on the tax due dates and tax club details. Selectman Damon commented on receiving the tax bill after July 1 and that they were overdue when residents received them. Town Manager MacDonald pointed out that the tax bills are not considered overdue until interest begins on September 1 and that the tax club enrollment period is determined by the interest date. No action required, informational only.
IX. Committee Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 101 for $1,969,557.57.
Selectman Mooers moved to approve Treasurer’s warrant #101 for $1,969,557.57 seconded by Selectman Bucklin. The motion was approved 5-0.
X Executive Session
None
At the conclusion of the Board of Selectmen’s meeting Selectman Damon raised the issue of the bulletin boards. Town Manager MacDonald and Public Works Director Smith alerted Board of Selectmen members that a legal opinion from Maine Municipal Association indicated that many of the bulletin board locations identified are likely in violation of sign restrictions in our Land Use Ordinance. This item will be added to the next Board of Selectmen meeting agenda.
Selectman Mooers moved to adjourn at 7:59PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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