MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, July 21, 2008
A meeting of the Board of Selectmen was held this date in the Community Room at the Seal Harbor Fire Station, Seal Harbor Maine.
Those present included: Chairman Jeffrey Smith, Selectmen, Rick Mooers, Patrick Smallidge, Jean Bonville and Chuck Bucklin; Town Manager Michael MacDonald; Harbor Master Shawn Murphy, Fire Chief Mike Bender, Public Works Director Tony Smith, Recording Secretary Jennifer McWain and members of the public.
I. Call to order.
Chairman Smith called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meetings of February 25, and July 7, 2008.
Chairman Smith asked the Board to vote on the minutes separately because of the February minutes being before the new members were members on the Board. Selectman Mooers moved to approve the February 25, 2008 minutes as amended, seconded by Selectman Smallidge by those that were in attendance on February 25, 2008. The vote was 3-0-2 (Bonville and Bucklin abstaining). Selectman Bonville moved to approve the minutes of the July 7, 2008 meeting after a few spelling corrects, seconded by Selectman Smallidge. The vote was unanimous in favor, 5-0.
Presentation: Long Pond Fish Passage Restoration Project update from David Lamon, Executive Director of Somes-Meynell Wildlife Sanctuary
David Lamon arrived at 6:35PM and conducted a 30 minute presentation on the fish passage restoration effort in Somes Pond Watershed. It was a very informative and an excellent presentation.
III. Appointments and Communications
A. Approve appointment of Anthony Smith as Town of Mount Desert representative to Acadia Disposal District Board of Directors.
Selectman Smallidge moved to approve the appointment of Anthony Smith as the Town of Mount Desert representative to Acadia Disposal District Board of Directors, seconded by Selectman Mooers. Selectman Smallidge wanted to thank Mr. Smith for his service to the committee, as it benefits the Town. The vote was unanimous in favor, 5-0.
B. Acknowledge receipt of monthly department reports; Town Clerk, Code Enforcement, Harbor Master, Police, Assessing, Fire, Public Works, and Wastewater.
Acknowledged receipt of the monthly department reports, no action needed. Selectman Smith commented on the quality of the reporting from the Department Heads, and thanked the departments for keeping the Board in the know. Selectman Smallidge commented about the dock survey that was included in the Board's packet this week and was impressed with the information.
C. Acknowledge receipt of new ambulance by Northeast Harbor Ambulance Service, Inc.
Acknowledge receipt of the new ambulance by the Northeast Harbor Ambulance Service, Inc., no action needed. Town Manager commented that the ambulance is now officially in service.
D. Acknowledge 30 day lien notice to 40 property owners for unpaid 2007 taxes.
Acknowledge 30 day lien notices to 40 property owners for unpaid 2007 taxes, no action needed.
There was a brief response to how the lien process works from Citizen George Peckham.
E. Acknowledge receipt of MD Fire Department notice of successful Emergency Response Corps, AmeriCorps Program application.
Acknowledge receipt of MD Fire Department notice of a successful Emergency Response Corps, AmeriCorps Program application. Fire Chief Bender said that this was the first step in the process; he is hoping to have an applicant in the position by October 11, 2008. Congratulations were offered to Chief Bender for a successful application.
F. Acknowledge notice of Long Pond launch ramp signage.
There was brief discussion with Public Works Director Smith on the improved user signage at Pond's End. Public Works Director Smith mentioned that more signage is coming. Selectman Smith commented that the small sign that is there now is small and elegant. No action needed.
IV. Selectmen Reports
Selectman Mooers commented positively on the focus of the Town staff through all that has transpired in the past couple of months, he had gratitude for their efforts.
Citizen George Peckham had comments and questions on the Finance Director Search Committee.
V. Old Business
A. Review revenue and expenditures for Maine Coalition to Save Schools and approve a donation to cover legal expenses.
After considerable discussion, the Board of Selectmen decided to table the request for funding for legal fees pending more research into where the funding will come from and to be sure the $25,000 that was appropriated at the Special Town Meeting on December 3, 2007 is carried forward into the Town's 2008 6 month budget. The Board directed the Town Manager to write a letter of support to Mr. Greenlaw, advising him that funding would be forthcoming; no vote was taken, by consensus of the Board of Selectmen.
B. Discuss appropriate memorial for Long Pond and approve expenditure from Selectmen's Contingency Account #102-01-509-50.
Selectman Mooers moved to approve an amount not to exceed $1,000 for a memorial. Town Manager MacDonald will contact Mr. Matthews with an inscription. Public Works Director Smith will locate and place an appropriate stone to mount the plaque on, seconded by Selectman Bonville. The vote was 4-0-1 with Selectman Bucklin abstaining.
C. Review 2008-2009 Tax Club Payment Plan Agreement.
There was considerable discussion on the subject of the Tax Club. Selectman Bonville motioned to approve the suggested language revisions incorporated into the text of agreement, which she will provide to the Town Manager, also directed the staff to include a copy of the agreement with all tax bills, seconded by Selectman Smallidge. The vote was unanimous in favor, 5-0.
VI. New Business
A. Discussion of discontinuance of an abandoned roadway, former State Highway 102 near Echo Lake.
Considerable discussion with Attorney N. Fenton, at conclusion of the discussion the Board of Selectman voted to issue a finding of the abandoned roadway, former State Highway 102 near Echo Lake, and to sign the same provided by Attorney Fenton. Selectman Mooers moved to approve the discontinuance, seconded by Selectman Bonville. The vote was unanimous in favor, 5-0. The finding is below:
At the Mount Desert Board of Selectman's Meeting on July 21, 2008, as recorded in the minutes on the subject of discontinuance of an abandoned roadway, former State Highway 102 near Echo Lake, the Board of Selectmen find:
The way running through the MacKinnon lot (Tax Map 7, Lot 61) was formerly a County
way that has not been kept passable for the use of motor vehicles at the expense of the
County or Town for the past 30 years and therefore has been discontinued by abandonment pursuant to 23 M.R.S.A. §3028. Accordingly, the interests of the County pass to Mrs. MacKinnon as the owner for the abutting property on both sided of the discontinued road. No public easement is retained across Mrs. MacKinnon's lot.
B. Approve August 6, 2008 Rock End Road street closure for Neighborhood House Bike Parade.
Selectman Bonville moved to approve the Rock End Road street closure for the Neighborhood House Bike Parade, seconded by Selectman Bucklin. The vote was unanimous in favor, 5-0.
C. Approve casting ballot for John Sylvester as MMA Vice President.
Selectman Smallidge moved to approve casting ballot, seconded by Selectman Bonville. The vote was unanimous in favor, 5-0.
D. Approve Harbor Master request for release of funds from Seal Harbor Dock Cap Improvement Reserve (Account #20-24120-60; balance $37,461.21).
Harbor Master Murphy requested that this item be tabled so that he could provide updated cost information to the Board. Selectman Bucklin moved to approve the Harbor Master request to table the item, seconded by Selectman Bonville. The vote was unanimous in favor, 5-0.
VII. General Issues
There was considerable discussion from the Board on providing Public Hearings for the Comprehensive Plan. Planning Board member James Clunan was present for this discussion and agreed to hold a combined Planning Board meeting and Board of Selectman meeting on August 11, 2008 in the Forum at the Mount Desert Elementary School.
VII. Other Business
None
IX. Treasurer's Warrants
Approve Treasurer's Warrant #68 for $2,362,095.34 (transfer to reserves), #84 for $206,984.90; #4 for $475,207.02.
Selectman Bonville moved to approve Treasurer's Warrants, #68, #84 and #4, seconded by Selectman Smallidge. The vote was unanimous in favor, 5-0.
X. Executive Session -Pursuant to 1 M.S.R.A. §405.6.A, Discussion of duties.
There was brief discussion with Citizen George Peckham on the legality and necessity of Executive Sessions.
Selectman Smallidge moved to going into Executive Session at 8:15PM, seconded by Selectman Bonville. The vote was unanimous in favor, 5-0.
Selectman Smallidge moved to come out of Executive Session at 9:44PM, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.
Post of Executive Session, Selectman Smallidge moved to direct the Town Manager to expedite the process of bringing the Town's books up to date, and to provide funds to do so, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.
At 10:10 p.m. Selectman Bonville moved to adjourn the meeting, seconded by Selectman Mooers. The vote was unanimous in favor.
Respectfully submitted,
Rick Mooers
Secretary
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