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Selectmen Meeting Minutes - 08/18/08
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, August 18, 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 Jean Bonville, Chuck Bucklin, Rick Mooers, Patrick Smallidge; Town Manager Michael MacDonald; Public Works Director Tony Smith, Harbor Master Shawn Murphy, Town Clerk Joelle Nolan, 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.

II.     Minutes

A.      None.

III.    Appointments and Communications

A.      Acknowledge receipt of monthly department reports; Town Clerk, Harbor Master, Public Works, Code Enforcement, Assessing, Police.

        Selectman Smallidge commented that Seal Harbor pier users are anxious to see a new hoist at the pier. Harbor Master noted some difficulty in obtaining something that will work at the pier.

B.      E. M. R., Inc. notice of solid waste disposal rate increase.

        No action required. Acknowledged notice of rate increase.

C.              Copy of petition from Lakeside Property Association to FairPoint communications requesting DSL service.

        No action required. Acknowledged receipt of petition copy. Selectman Smallidge suggested a copy of the petition be sent to RedZone, supported by other Selectmen. It was noted that the Town has not received a monthly report from RedZone in two months.

D.      Thank you for donation letter from Maine Coalition to Save Schools.

        No action required. Acknowledged thank you letter, and noted that Save Our Schools petition has more than 55,000 signatures.

E.      Acknowledge receipt of Acadia Trust N.A. executive summary of investment performance.

        Acknowledged investment report and noted loss of value due to market fluctuations. There was a discussion on the investment policy guidelines, which is currently set at 65% equity investment. The Board directed the Town Manager to invite the investment advisors to come speak with the Board of Selectmen the second week of September at regular meeting in Seal Harbor.

F.              Acknowledge receipt of State Planning Office notice of Bar Harbor proposed Comprehensive Plan.

        Acknowledge receipt of notice.

IV.     Selectmen Reports

        Selectman Bucklin reported he had attended the Island Housing Trust meeting and noted that Rep. Ted Koffman spoke. He verified that Chris Spruce will attend the Sept. 2 meeting. There was a discussion around the Ripples Road tract and the distinction between "affordable housing" and "workforce housing," noting that truly low-income families or individuals have already moved out because the cost of living in Mount Desert is unaffordable for them.

        Selectman Smallidge discussed the high school funding issue and noted it has not been a topic in the talks about the school consolidation plan; though the committee said it would be part of the discussions. It was noted with the intended action that one town could derail the whole consolidation plan.

        After some discussion, the Board agreed to pursue the matter, as supported by the non-binding referendum, and directed the Town Manager to invite the Union 98 Superintendent and the Regional Planning Committee chair to address the Board on the issue of the funding formula. They also agreed to put the matter on the next agenda to review the original legislative language and the updated rates per town and pupil. Selectman Bonville noted that a change in the funding formula would require a change in legislation, while the process is moving towards approval of the overall plan. Selectman Smallidge noted that one town could not withdraw from the structure as long as there is current debt, which may always be the case. He urged the Board to review the current data so they may proceed together.

Chairman Smith moved to invite the school superintendent and the chair of the regional planning committee to address the Board; have the Board review recent information on town and pupil costs; and to contact legislators regarding changing the funding formula. Selectman Mooers seconded the motion. The vote was unanimous in favor.

V.      Old Business

None

VI.     New Business

A.      Discuss development of Winter Emergency Heating fund.

        Selectman Mooers updated the Board with recent increases in LIHEAP funding at Federal and State level, raising concern that many families in the town will be facing crisis situations, unable to afford the high cost of heating fuel, and the existing resources unable to meet the higher demands.  He urged the Board to start preparing plans now for how to help manage this winter.

        There was some discussion about the use of general assistance, benchmarks and guidelines for those who might receive assistance, the ability to exceed expenditures in the general assistance budget without a vote at Town Meeting. There was a suggestion about raising the mill rate by 1 cent to dedicate to a heating fund, and also the possibility of the Town negotiating for lower fuel rates, and a caution about creating entitlements rather than helping out in a crisis.

        Chairman Smith moved to direct Selectmen Mooers and Smallidge to look into the issue, including other models of crisis assistance, existing area services, and fuel company policies and responses and report back to the Board at the next meeting. Selectman Smallidge seconded the motion. The vote was unanimous in favor.

B.      Notice of Violation from Maine Department of Environmental Protection.

        Public Works Director Smith explained the situation to the Board about an equipment failure that reduced airflow into the system, requiring notification to the DEP. The violation notice requires corrective actions that will cost an estimated $50 per month plus an additional 6-7 hours of lab work per month.

C.      Approve release of $2,375.98 from Marina Reserve account #20-2412082 for payment of NEH pier survey from Klienschmidt Associates.

        Selectman Bonville moved to approve the release of above noted funds from the reserve account, seconded by Selectman Mooers. The vote was unanimous in favor.

D.       Recommitment of taxes from Brent W. Hamor to Joelle Nolan.

        It was noted that official action of the Board is required to have taxes committed to a new person, even if the former person is no longer employed by the Town.

VII.    General Issues

Chairman Smith commended the Town Manager for the recent event thanking the Fire Department members for their actions surrounding the recent fire on Main Street. It was noted that roughly 200 people attended the event.

VII.    Other Business

Selectman Bonville requested an agenda item for a future meeting regarding a proposal to change the date of Town Meeting to July to accommodate summer residents.

IX.      Treasurer's Warrants

A.      Approve Treasurer's Warrant # for #86 for 42,203.33 and #10 for $550,773.23.

Signed as presented.

X       Executive Session

A.              Pursuant to 35 M.R.S.A, §841.2.E and 1 M.R.S.A §405.6.F; consideration of abatement of taxes for infirmity or poverty.

Selectman Mooers moved to go into Executive Session at 7:40 pm, seconded by Selectman Smith. The vote was unanimous in favor, 5-0.

Selectman Mooers moved to come out of Executive Session at 8:10pm, seconded by Selectman Smallidge. The vote was unanimous in favor, 5-0.

Post of Executive Session, there was discussion of the Rural Wastewater Support Program by- pass on water-line. No action was taken by the Board of Selectmen.

Selectman Smallidge moved to adjourn at 8:20pm, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.


Respectfully submitted,



Rick Mooers
Secretary