MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 14, 2008
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Fire Station, Somesville, 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; Police Chief James Willis, Assessor Kyle Avila, Harbor Master Shawn Murphy, Recording Secretary Kathleen Miller, and members of the public.
I. Call to order.
Chairman Coombs called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes for the Board of Selectmen Meeting for March 31, 2008.
Corrections were made on page 2, line 37 to change the word "Saturday" to "Monday" and on page 3, line 18 to replace the word "authorized" with the words "moved to authorize."
MOTION: Selectman Branch moved to approve the minutes of the Regular Meeting of March 31, 2008 as corrected, seconded by Selectman Mooers. The vote was unanimous in favor.
III. Appointments and Communications
A. Accept with regret, resignations of Rob Leibow and Thomas Brown from Marine Management Committee.
MOTION: Selectman Smallidge move to accept above resignations, seconded by Selectman Branch. The vote was unanimous in favor.
B. Confirm appointment of Ryan Dunbar as Refuse Packer Truck Driver/Laborer, effective April 15, 2008 at probationary rate of $13.39 per hour, increasing to $14.06 after successful completion of six-month probationary period.
MOTION: Selectman Smallidge move to confirm above appointment, seconded by Selectman Smith. The vote was unanimous in favor.
C. Acknowledge receipt of monthly department reports: Finance, Assessing, Harbor Master, Code Enforcement, Police and Fire.
No action required. Several questions were raised about the wastewater report, veterans' extensions on assessments, and the search for a new police car with better fuel efficiency.
PUBLIC HEARING called to order on the Asticou Inn, Special Amusement Permit
Selectman Smallidge recused himself from the Board for this hearing citing a conflict.
Several members of the public, including employees of the Asticou Inn, spoke in opposition to, or in support of, the granting of the Special Amusement Permit. After considerable discussion the Public Hearing was closed.
PUBLIC HEARING called to order on the Bassa Liquor License Renewal
Several members of the public, including the owners of Bassa, spoke in opposition to, or in support of, the granting of the liquor license renewal. The Police Chief also answered questions regarding past complaints related to noise levels and routine procedures to follow up on complaints. The Town manager noted the Town has received letters of complaint related to noise levels. Some questions were raised about the possibility of granting a license renewal with conditions placed upon it, and on the requirements regarding bartender training and manager responsibilities. It was noted that State law sets the hours when liquor may be served. It was also noted there is some litigation pending regarding the business and earlier Planning Board and LUZO actions.
Selectman Smith said he sees the value of an ordinance that would help restaurant owners in keeping customers quiet. Chairman Coombs said he hopes the Bassa owners can make a concerted effort to be good neighbors. After a lengthy discussion the Public Hearing was closed.
D. Acknowledge receipt of monthly financials, General Ledger, Revenue Report, and Expense Detail Report for January to March.
No action required.
E. Request from Heidi Seavey: Town of Mount Desert to sell, by sealed bid, property at Beech Hill Road, map 009, lot 081.
There was a discussion about the Town selling land, with agreement by Board members that it was not in the Town's interest.
MOTION: Selectman Branch moved to inform Ms. Seavey that the Board is not interested in selling the property noted above, seconded by Selectman Mooers. The vote was unanimous in favor.
F. Request from Hancock County Soil and Water District to name possible participants to form a local Pond and Lake Association.
After a brief discussion, the Board agreed that they would not be in a position to name any possible participants.
IV. Selectmen Reports
There were no reports.
V. Old Business
A. Review RedZone agreement and service discussion RZ President Jim McKenna.
Mr. McKenna made a presentation to the Board and the public about the history and nature of the agreement between his company and the Town of Mount Desert, as well as the work done by his company to date developing a wireless network service. Selectman Smallidge apologized to Mr. McKenna for any comments he had made regarding time frames that were missed, since in reviewing the agreement it was recognized that no time schedules had been set. Members of the public offered praise for service received, while others noted they have not been able to be connected. Some members of the public also thanked the Board for pursuing the possibility of internet connections throughout the Town.
B. Review credit card payment option for Rapid Renewal.
The Board discussed briefly the possibility of allowing citizens the use of credit cards to make payments for bills from the Town. It was suggested that this would be a service to the citizens, but that there would be costs as well as benefits, and that some education on the details would be helpful over the next year.
VI. New Business
A. Approve malt, spirituous and vinous liquor license for AstiKim Corp. d/b/a Asticou Inn, 15 Peabody Drive, Northeast Harbor.
MOTION: Selectman Smith moved to approve the liquor license noted above, seconded by Selectman Branch. The vote was unanimous in favor.
B. Approve Special Amusement Permit for Asticou Inn, Class E License, (Dancing accompanied by music produced by radio or other mechanical device/one or more vocalists and/or instrumentalist with mechanical amplification).
MOTION: Selectman Smith moved to approve the Special Amusement Permit noted above, seconded by Selectman Branch. The vote was 4-0-1 with Selectman Smallidge recusing himself.
C. Approve malt, spirituous, and vinous liquor license for Group Forward, LLC d/b/a Bassa Cocina de Tapeo, 3 Old Firehouse Lane, Northeast Harbor.
MOTION: Selectman Mooers moved to approve the liquor license noted above, seconded by Selectman Smith. The vote was unanimous in favor.
There was a discussion about developing a noise ordinance for the Town to address concerns over noise levels. It will be discussed at the May 12 Board of Selectmen Meeting.
E. Approve Maine Dept. of Transportation request for "Municipal Overlimit Permit for Construction" for project #-15789.00 (Hot Mix Asphalt Overlay) on Rts. 3/198 from intersection with Rt. 233, westerly approx 1.402 miles to intersection with Rt. 102/198.
MOTION: Selectman Smallidge moved to approve the request noted above, seconded by Selectman Mooers. The vote was unanimous in favor.
D. Approve Bangor Hydro Electric Company utility location permit for one pole on Millbrook Rd. located approximately 186 feet easterly from the junction of Spruce Road.
MOTION: Selectman Smallidge moved to approve the permit noted above, seconded by Selectman Smith. The vote was unanimous in favor.
F. Award 2008 septic pumping and disposal contract: recommend Action Septic Service, $09.5/gal pump; $09.5/gal disposal.
MOTION: Selectman Smallidge moved to approve the contract noted above, seconded by Selectman Mooers. The vote was unanimous in favor.
VII. General Issues
A. Approve Marine Management Committee recommendations: 1) Limit number of MMC members to ten; 2) approve an absentee policy, MMC members may not miss more than three meetings per year; and 3) MMC have an opportunity to review MMC applicants prior to BOS appointment.
There was a discussion between the Board and the Harbor Master about the current structure and appointments made to the committee, with some clarifications about the appointment process. The MMC committee would like to let the current board be reduced through attrition or resignations down to the proposed 10 members, and then develop a waiting list of those interested in serving on the committee in the future. The recommendation of the smaller number was intended to provide more continuity in the decision making process.
MOTION: Selectman Smith moved to approve the recommendations as stated above, seconded by Selectman Mooers. The vote was unanimous in favor.
VIII. Other Business
MOTION: Selectman Smallidge moved that the Board of Selectmen write a letter of apology to RedZone for public complaints made, stating the business had not met obligations that did not exist. Selectman Branch seconded the motion. The vote was unanimous in favor.
IX. Treasurer's Warrants
Approve Treasurer's Warrant #34 for $209,304.27; #35 for $7,084.74; #38 for $484,517.18; #39 for $56,182.55; #40 for $34,168.03.
Signed as presented.
X Executive Session
None requested
At 9:30 p.m. the meeting was adjourned.
Respectfully submitted,
Jeffrey Smith
Secretary
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