MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 4, 2008
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Town Office, Northeast Harbor, Maine.
Those present included: Chairman Ernest Coombs, Selectmen Kathy Branch, Rick Mooers , Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Shawn Murphy, Fire Chief Mike Bender, Code Enforcement Officer Kim Keene, Assessor Kyle Avila, Finance Director Brent Hamor, Superintendent of School Union 98 Rob Liebow, Recording Secretary Pro-tem/Town Clerk Joelle Nolan, and members of the public.
I. Call to order.
Chairman Coombs called the meeting to order at 6:30 p.m.
II. Minutes
A. Unavailable
III. Appointments and Communications
A. Confirm conditional appointment of R. Martin Slater as Mechanic B, effective February 5, 2008 at hourly rate of $15.56, increasing to $16.39 after successful completion of six-month probationary period.
MOTION: Selectman Smallidge moved to appoint R. Martin Slater as Mechanic B, effective February 5, 2008 at hourly rate of $15.56, increasing to $16.39 after successful completion of six-month probationary period, seconded by Selectman Branch. The vote was unanimous in favor, 5-0.
B. Acknowledge receipt of monthly department reports; Harbor Master
No action required.
C. Acknowledge receipt of Bangor Hydro Electric Company application to Maine Department of Transportation for new utility pole on State Rt. 3/198, 2525 feet southerly of intersection with Sargeant Drive.
No action required.
D. Acknowledge receipt of notice of MMA Safety Grant Award of $746.03 to Mount Desert Fire Department.
Chief Bender explained the grant money will be used for an on-scene notification system. No action required.
E. Acknowledge receipt of offer to donate granite bench or memorial at Pond's End.
Selectman Smith reported his conversation with Tom Matthews, a relative of the family to be memorialized, in which he directed Mr. Matthews to submit his request in writing to the Board of Selectmen. Mr. Matthews' e-mail to Town Manager MacDonald was unclear as to exactly what he is offering, and what the cost would be to the Town. Board directed Town Manager MacDonald to write a letter to Mr. Matthews asking him to be more specific with his offer.
F. Acknowledge request for waiver of past due property tax interest, William McCue, parcel 009-52-02
In his letter dated January 28, 2008 to Mr. McCue, Town Manager MacDonald explained that the Treasurer, Tax Collector, Town Manager, nor Board of Selectmen have the authority to waive past due taxes for the reasons requested. An application for abatement of property taxes was sent to Mr. McCue.
At 6:43 p.m. Chairman Coombs opened the Public Hearing on the Application, by Dana R. Haynes d/b/a Haynes Garage, Inc., for an Automobile Graveyard and/or Junkyard Permit.
No public comment was offered. Chairman Coombs closed the hearing at 6:44 p.m.
G. Acknowledge receipt of postponement of nomination to the Maine Historic Preservation Commission of property at 27 Corning Way, Northeast Harbor.
No action required.
IV. Selectmen Reports
A. Selectmen Smith asked Gail Marshall, Chairman of the Regional Planning Committee (RPC) to speak regarding the proposed "fix" to LD1932 and the costs. Ms. Marshall explained that RPC has retained a lawyer to craft an amendment to fix some of the problems with LD1932. Senator Damon is presenting the amendment. Ms. Marshall indicated RPC will reach out to all its towns for monetary assistance. Selectman Smith suggested a vote by the Board to support this issue at the best of its ability. Board indicated its support for helping with legal fees to draft and lobby for the "fix".
V. Old Business
A. Review Chief Willis' research into limiting hours that restaurants or bars may serve liquor.
Board reviewed the information submitted by Chief Willis in his memo January 30, 2008, and concluded, in agreement with Chief Willis, that the Board has no authority to limit hours of operations for bars and restaurants. No action taken.
VI. New Business
A. Approve Automobile Graveyard and/or Junkyard Permit for Dana R. Haynes d/b/a Haynes Garage Inc.
Based on the application, public hearing, and CEO Keene's memo outlining her site inspection of the property, Board approved the application.
MOTION: Selectman Smith moved to approve the application by Dana R. Haynes d/b/a Haynes Garage, Inc. for an Automobile Graveyard and/or Junkyard Permit, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.
VII. General Issues
A. Code Enforcement Office request for consent agreement (new agenda item)
CEO Keene referred to the Notice of Violation, sent to property owner 18 Manchester Road LLC, which outlined violations to the certificate of occupancy restrictions. CEO Keene noted this is a repeat violation from 4 years ago. She asked the Board to approve a fine and terms for a consent decree.
MOTION: Selectman Smallidge moved to approve a $100/day fine for 13 days plus attorney fees and the negotiation of a consent decree prohibiting future violations, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.
VIII. Other Business
A. Review of 2008-2009 budget
Board continued its review of the budget. Town Manager MacDonald relayed a suggestion from the Warrant Committee that it would be unnecessary to hear presentations from service groups that would not be funded, and that the Board write to the groups it knows will not be funded and inform them it is unnecessary to attend future meetings. Board agreed and directed Town Manager to write the letter.
In the matter of CEO Keene's request for appropriation of funds for a vehicle, a lively discussion resulted in the Board directing Town Manager MacDonald to re-insert $20,000 for a vehicle. Public Works Director Tony Smith pointed out that this is not an additional vehicle, but a replacement.
There was considerable discussion on bonding costs for the $6.5 million Somesville Wastewater Treatment Plant project. Board agreed to reduce the cost to interest only for the first year, resulting in a twenty cent decrease in the mil rate.
B. Ordinance review (new agenda item)
Town Manager MacDonald reported on Attorney James Collier's review of the Town's ordinances, which resulted in a 15 page document. A full account will be presented at the next meeting.
IX. Treasurer's Warrants
Approve Treasurer's Warrant #9 for $174,925.74, and #12 for $162,421.61.
MOTION: Selectman Mooers moved to approve Warrant #9 for $174,925.74, seconded by Selectman Smith. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved to approve Warrant #12 for $112,421.61 seconded by Selectman Smallidge. The vote was unanimous in favor, 5-0.
X Executive Session None requested
At 8:00 p.m. Selectman Mooers moved to adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor, 5-0.
Respectfully submitted,
Jeffrey Smith,
Secretary
The next regularly scheduled meeting is Tuesday, February 19, 2008 at 6:30 P.M. in the Meeting Room, Town Office, Northeast Harbor.
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