MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 12, 2008
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Somesville Fire Station, Mount Desert, Maine.
Those present included: Chairman Jeffrey Smith, Selectmen Rick Mooers, Patrick Smallidge, Chuck Bucklin; Town Manager Michael MacDonald; Police Chief Jim Willis, Public Works Director Tony Smith, Harbor Master Shawn Murphy, Finance Director Brent Hamor, Recording Secretary Kathleen Miller and members of the public.
I. Call to order.
Chairman Smith called the meeting to order at 6:30 p.m.
Chairman Smith announced a change in the agenda to allow time for the Board to address State Senator Dennis Damon regarding the condition of the state roads in Town. The Chairman welcomed Senator Damon and thanked him for coming. There was a considerable discussion about the very poor condition of several state roads in Town, and the Town's request to the State to shift scheduled work on the Pretty Marsh Road from the west end to the east end, which is currently in much greater need of repair. Senator Damon explained some of the difficulties with state road repair efforts, including limited funds and lengthy lead time to allow for engineering work, permits, or land acquisition. He acknowledged the poor condition of the roads noted, and said he has put in a request to the Dept. of Transportation
Commissioner to reconsider changing the planned work are on the Pretty Marsh Road, as requested. He reported that the Commissioner said he would look into the matter and report back by the end of the week.
There was further discussion about transportation funding in the state, various state bonds, federal highway money from gas taxes, the need for infrastructure funding, and the Rural Road Improvement Program, which may help provide some road funds.
Senator Damon also said he would support the recent proposal regarding alewives and would write a letter of support to the Dept. Inland Fisheries and Wildlife.
II. Minutes
A. Approval of minutes for the Board of Selectmen Meetings of April 14, 2008, April 28, 2008 and May 6, 2008.
Selectman Smallidge noted from the Minutes of April 14 that he had voted on a matter regarding the permit for Astikim Corp. liquor license after he had recused himself from the public hearing in order to speak out on the matter. He requested changing his vote to "abstain" which would have no impact on the outcome of the license approval.
Selectman Smallidge moved to approve the minutes noted above, with a change for the April 14 minutes, page 3 line 32 to read "The vote was 4 - 0 in favor, with one abstention." Selectman Mooers seconded the motion. The vote was unanimous in favor.
III. Appointments and Communications
A. Confirm appointment of Kevin Stradley as Mechanic B at probationary rate of $15.60 per hour, increasing to $16.39 per hour after successful completion of six-month probationary period, effective date of appointment, May 13, 2008.
Selectman Mooers moved approved of the above appointment, seconded by Selectman Bucklin. The vote was unanimous in favor.
B. Confirm appointment of Keith Wedge and Jason Alley as Seasonal Refuse Truck Helper at $12.00 per hour, effective June 16, 2008 and Joanne Dunton as Seasonal Recycling Center Attendant at $12.00 per hour, effective May 13, 2008.
Selectman Mooers moved to approve the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
C. Acknowledge receipt of monthly department reports, Code Enforcement, Harbors, Assessor, and Police.
No action required. Selectman Smallidge noted the drop off in permits for construction, and suggested if it were a continuing trend it could have an impact on LD 1 in the future.
D. Acknowledge receipt of Fair Point Communications notice of application to MDOT for one pole on Rte 198, 12030 feet southeasterly of Rt. 102.
No action required.
E. Notice from Maine Historic Preservation Commission advising of nomination of "Sea Change" to National Register of Historic Places.
No action required.
F. Somesville WWTP upgrade bid results.
Pubic Works Director Tony Smith reviewed the bids received for the Somesville waste water treatment plant upgrade, noting that Penta Corporation provided the lowest bid, and all of them came in under the budget estimate. It was noted that the total bond amount would be under $5.3 million. A question was raised about the timeframe for starting the project, which will depend on the loan application approval.
G. Invitation to dedication ceremony of the "Somesville Fish Passage Restoration Project" Monday June 2, 2008, 10:00 a.m. - noon.
No action required.
H. Citizen comment on proposed noise ordinance.
Receipt of a citizen's comments regarding any future noise ordinance was acknowledged. It will be added to the public comments made at any future public hearing on the matter. There were questions about how the process might work. It was noted that Police Chief Willis is seeking sample ordinances from other towns as models that could be reasonably enforced in Mount Desert, but none of them seem to fit this issue in particular. Once a model is drafted, it will move through public hearings and public comment before it goes to Town Meeting for approval. It was noted that Bar Harbor ordinance have different ordinances for specific issues that don't apply in Mount Desert. Comments from the public urged that the public be included in creating any ordinance, and Selectmen concurred.
IV. Selectmen Reports
Selectman Mooers brought up three issues of concern:
1. Polling times for Town voting are not consistent with state or federal voting times. He said that while times were probably posted, it may have caused some confusion when people expected polls to remain open until 8 pm, and then were unable to vote since they closed earlier.
2. Regarding agreements with RedZone, he noted the contract stipulates regular communication with the Town. He suggested that such communication happen to calculate money coming back to the Town to be able to report back to citizens.
3.Regarding the $5.3 million just approved for the waste water treatment plant, he suggested a reserve account be established to plan ahead for replacement in 25 years, and that such an account be added to annually by vote at Town Meeting. He said such prospective planning could also generate interest on the savings.
There was a discussion on the approval process for expenditures from the Capital Improvement Reserve, and votes taken by the Board rather than at Town Meeting. The current arrangements were recommended by the auditors and approved by the Town. It was also noted that any vote by a Special Town Meeting would require 45 day notice, and that the Board usually does not vote in haste when considering expenditures from this reserve fund. It was also noted there are some reserve funds for sewer issues that are part of the regular appropriations accounts. It was also noted that the High School Board of Trustees has the same authority to expend funds. It was suggested that the Finance Director review the matter of a reserve account for future waste water treatment plant replacement and prepare something
for consideration. Finally, it was noted that one consideration in establishing such a reserve account will be that the Town would then be paying off a bond just approved, and simultaneously saving for future expenditures.
V. Old Business
No old business.
VI. New Business
A. Approve Class I Liquor License (Malt, Spirituous and Vinous) for Elmer Beal, Jr. and B. Allison Martin, d/b/a Burning Tree Restaurant 69 Otter Creek Drive, Otter Creek.
Selectman Mooers moved to approve the above noted license, seconded by Selectman Bucklin. The vote was unanimous in favor.
B. Approve Fair Point communications application for one pole Millbrook Rd, 186 feet southeasterly of Spruce Road.
Selectman Mooers moved to approve the application noted above, seconded by Selectman Smallidge. The vote was unanimous in favor.
VII. General Issues
A. Discussion of price quotes for Town Office expansion.
It was noted that specific expenditures for an expansion of the Town Office were not presented on the Town Warrant, and so not approved, because the estimates had not been fully vetted. The Town Manager asked the Board how they would like to proceed. Selectman Mooers suggested that the information be included in the Town newsletter to explain the purposes and need of the expansion, beyond just the Police Dept. as suggested at Town Meeting, and that input be sought from citizens. There was some discussion about previous attempts to look at configurations using existing spaces, with no decisions finalized, and the need to educate and sell the current proposal to the Town for approval. There was consensus on the Board to have the Public Works Director fully vet the proposals received in order to
move the plans forward.
VII. Other Business
A. Approve 2008-2009 meeting schedule.
Selectman Smallidge moved to approve the above schedule, seconded by Selectman Mooers. The vote was unanimous in favor.
B. Approve 2008-2009 Holiday schedule.
Selectman Mooers moved to approve the above schedule, seconded by Selectman Bucklin. The vote was unanimous in favor.
C. Approve 2008-2009 budget meeting schedule.
Selectman Smallidge moved to approve the above schedule, seconded by Selectman Mooers. The vote was unanimous in favor.
It was noted that the May 2009 dates for this schedule would include the Town Vote at the Somesville Fire Station, and the final vote at the open floor meeting at the Mount Desert Elementary School Kelley Auditorium.
D. Approve "write off" of $1,227.00 from July 5, 2007 lost deposit.
Selectman Mooers moved to approve the above "write off," seconded by Selectman Smallidge. The vote was unanimous in favor.
The write off was explained as cash that was part of a deposit that was lost in July 2007. Checks that were part of that deposit have been identified and never cashed. 50% of them have been recovered, and the balance is expected to be recovered as well. The deposit was lost during a time in the Town Office of changes in personnel, moving back to offices old and changing accounting systems. The auditors recommended the "write off" of lost cash.
E. Approve expenditure of $130.42 from Selectmen's Contingency Account #102-01-509-50 for recognition plaque.
Selectman Mooers moved to approve the above expenditure, seconded by Selectman Bucklin. The vote was unanimous in favor.
F. Selectman Smith stated he should be replaced on the Regional Planning Committee for school consolidation since he has taken on Chairmanship of the Board. He recommended Selectman Smallidge take his place on that committee.
Selectman Smith moved to nominate Patrick Smallidge to represent the Board on the Regional Planning Committee, seconded by Selectman Bucklin. The vote was 3-0 in favor, with Selectman Smallidge abstaining. The vote carried.
IX. Treasurer's Warrants
Approve Treasurer's Warrant #53 for $32,963.79, #54 for $51,963.03.
X Executive Session
None requested.
The next meeting of the Board of Selectmen will by May 19 at the Town Office.
At 8:10 p.m. Selectman Mooers moved to adjourn the meeting, seconded by Selectman Bucklin. The vote was unanimous in favor.
Respectfully submitted,
Rick Mooers
Secretary
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