MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, August 4, 2008
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Town Hall, Northeast Harbor, Maine.
Those present included: Chairman Jeffrey Smith, Selectmen, Rick Mooers, Patrick Smallidge, Jean Bonville; Charles Bucklin; Town Manager Michael MacDonald; Fire Chief Mike Bender, Public Works Director Tony Smith, Code Enforcement Officer Kim Keene, Recording Secretary Jennifer McWain and members of the public.
Call to order.
Chairman Smith called the meeting to order at 6:30PM.
Minutes
A. Approval of the minutes of the Board of Selectman meeting for July 21, 2008.
Selectman Mooers moved to approve the minutes as amended with corrections to page 3 of the minutes pertaining to the Maine Coalition that 25,000 was appropriated at the Special Town Meeting on December 3, 2007, would be carried forward into the Town's 2008-09 budget., seconded by Selectman Smallidge. The vote was approved 5-0.
III. Appointments and Communications
A. Approve appointment of Nancy Turner to Solid Waste/Recycling committee.
Selectman Mooers moved to approve the appointment of Nancy Turner to the Solid Waste/Recycling committee, seconded by Selectman Bucklin. The vote was approved 5-0.
B. Public Hearing notice for Phase I of Acadia Gateway Center in Trenton. Trenton Elementary School, 7:00 PM August 5, 2008.
No action acknowledgement of Acadia Gateway Center Public Hearing notice.
IV. Selectmen Reports
Selectman Mooers directed Town Manager MacDonald to add the Winter Emergency Heating Crisis program to the next meeting agenda, so that the Board can flush out any problems. Suggested asking at a Special Town Meeting on November 4th election authorizing the Town to use Town funds to help eligible citizens defray the cost with heating fuel costs. He suggested creating a reserve with 1 cent from a future mill rate. Town Manager MacDonald asked the Board who was going to administer the funds. He stated that most people in Mount Desert don't qualify for General Assistance, and that the Town should look into having a non-profit administering the funds.
Selectman Smallidge spoke of the up-coming RPC forum at the High School which begins at 7:00PM. Selectman Smallidge stated that with the current funding formula that the Bar Harbor group wants to use will cause financial problems with the Town of Mount Desert.
Selectman Smith would like to see the Housing Trust project on the Ripple Road succeed, but is very concerned about the strict income restrictions that are imposed on new potential home owners. He would meet with project director Chris Spruce to discuss other options.
Selectman Bucklin complemented Fire Chief Bender and Leon Peasley from Public Works for getting the ladder truck back in service so quickly.
V. Old Business
A. Approve and sign $5,300,000.00 Somesville Wastewater Treatment Plant Maine Municipal Bond Bank bond.
Town Manager MacDonald received the loan paperwork today and needed Board of Selectmen signatures to finish the loan. The Board agreed to vote on each action separately as required to complete the bond. Public Works Director Smith stated that the first action had a numeric amount that was correct and for the Board the initial the amount. Selectman Mooers read the bond:
TOWN OF MOUNT DESERT
MEETING OF BOARD OF SELECTMEN
The Board of Selectmen of the Town of Mount Desert met on August 4, 2008, at the Town Office in Mount Desert, Maine. Present were Chairman Jeffrey Smith, Selectman Patrick Smallidge, Selectman James "Rick" Mooers, Selectman Charles Bucklin and Selectman Jean Bonville being -----_______ of the Selectmen of the Town of which there are five, together with the Treasurer and Clerk of the Town, _____________ and_______________. The Chairman presided and the Clerk kept the record. The Selectmen discussed the matter of financing the design and construction of improvements to the Town’s wastewater treatment and collection system. The meeting was open to the public, which was
notified of the meeting by means of notice posted at Town Office and public places. Upon motions made and duly seconded, the following votes were unanimously adopted:
VOTED: That pursuant to the Constitution and laws of the State of Maine, the authority granted by Section 5772 of Title 30-A of the Maine Revised Statutes, as amended, and the action taken by the voters of the Town at the Town meeting held May 5 and 6, 2008, and any other applicable authority under the laws of the State of Maine thereto enabling, a majority of the Selectmen and the Treasurer of the Town are hereby authorized to borrow on behalf of the Town from the Maine Municipal Bond Bank through the State of Maine Revolving Fund, a principal amount not exceeding $5,300,000 at an interest rate of 1.130%, payable in full on October 1, 2023 for the purpose of financing the design and
construction of improvements to the Town’s wastewater treatment and collection system including but not limited to upgrading the Somesville treatment plant (the “Project”), through the issuance of a general obligation bond of the Town, said Bond to be executed and delivered to the Maine Municipal Bond Bank in the principal amount not to exceed Five Million Three Thousand Dollars at an interest rate of 1.130% per annum, plus administrative fees to be paid in full by October 1, 2023 (the “Bond”), said Bond to be titled “Town of Mount Desert 2008 Wastewater Bond”, to be executed and delivered on behalf of the Town by the Treasurer and countersigned by a majority at least of the Mount Desert Board of Selectmen and to be on such further terms and conditions as may be required by the Maine Municipal Bond Bank and agreed to by the Treasurer of Chairman of the Board of Selectmen of the Town. Interest on the Bond is to be taxable to the holder
thereof under the provisions of the Internal Revenue Code of 1986, as amended, which is hereby determined to be in the best interest of the Town.
VOTED: That the Chairman of the Board of Selectmen or the Treasurer of the Town be, and each of them hereby is, authorized to execute and deliver on behalf of the Town a loan Agreement between the Town of Mount Desert and the Maine Municipal Bond Bank in such form and with such terms as the Maine Municipal Bond Bank shall require for the Bond.
VOTED: That all actions heretofore taken by the municipal officers of the Town of Mount Desert relating to the issuance of the Town’s 2008 General Obligation Wastewater Bond to the Maine Municipal Bond Bank be and they hereby are ratified, approved and confirmed.
VOTED: That the law firm of Eaton Peabody is hereby designated as bond counsel for the Town to advise the Town with respect to the issuance and sale of the Bond, and to prepare documents and render opinions as may be necessary or convenient for the purpose.
VOTED: That the municipal officers and officials of the Town are hereby authorized to execute all documents and certificates, and to take all action, including affixing the seal of the Town, as may be necessary of convenient to carry out the full intent of the foregoing votes of one of them.
_________________________
Chairman, Board of Selectman
__________________________
Selectman
__________________________
Selectman
__________________________ Selectman
__________________________
Selectman
I certify that I am the duly qualified Town Clerk of the Town of Mount Desert, Maine, and that the foregoing votes were adopted by the Board of Selectmen of the Town of Mount Desert at a meeting of said Selectmen duly called and legally held in accordance with the laws of Maine, that the meeting was open to the public and that adequate and proper notice thereof was given in accordance with the laws of Maine, on August 4, 2008, and that such votes have been entered into and become a part of the permanent records of the Town and remain in full force and effect and have not been rescinded or amended.
TOWN OF MOUNT DESERT
__________________________
Town Clerk
(SEAL)
Dated at Mount Desert, Maine
Dated: August 11, 2008
Selectman Smallidge moved to approve the first action as amended, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Smallidge moved to approve the second action, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Mooers moved to approve the third action, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Mooers moved to approve the fourth action, seconded by Selectman Smallidge. The motion was approved 5-0.
Selectman Mooers moved to approve the fifth action, seconded by Selectman Bucklin. The motion was approved 5-0.
B. Review Department of Conservation Submerged Lands permit for Somes Sound View, Inc. Float Proposal.
This item was taken out of order at the beginning of the meeting. This item was placed on the agenda by Town Manager MacDonald more as informational; Land owner Michael Musetti was present at the meeting. No action required.
C. Review Matthews’ family recommendation for text of Lyle and Zettie Smith memorial plaque and approve an amount not to exceed $1,000.00 for the purchase and installation of the Smith memorial plaque. Payment from Selectmen’s Contingency Account 102-01-509-50.
Chairman Smith commented that this project had become more complicated than he thought. The Board of Selectmen has already allocated funds for the plaque, and will wait for the family to agree on wording.
D. Update on Comprehensive Plan August 11, 2008 forum and informational session.
Comprehensive Plan Chair Suminsby stated that he was hoping for the most input from the most comfortable setting and getting the public’s comments with informational sessions at the Mount Desert Elementary School. No action taken.
VI. New Business
A. Authorize PW Director Smith to coordinate with local veterans group to determine placement of Cole Foundation memorial bench.
Selectman Mooers authorized Public Works Director Smith to coordinate the placement of Cole Foundation Memorial bench, seconded by Selectman Smallidge. The motion was approved, 5-0.
B. Discussion of Consent Decree and penalties for Hans and Susan Lyall Utsch internal plumbing code violation.
Considerable discussion by the Board of Selectmen and Code Enforcement Officer Keene over the type of violation and fine and who it should be directed to. The Board agreed on an escalating scale, $100/day for violations corrected after the first notice, increasing to $200/day for continuing violations after the second notice, increasing to $300/day for continuing violations after the third notice. The Board also agreed that Utsch would be responsible for all attorneys’ fees. Selectman Smallidge moved to proceed with the penalties for the Hans and Susan Lyall Utsch internal plumbing code violation, seconded by Selectman Mooers. The motion was approved 4-0-1, with Selectman Bucklin
abstaining.
VII. General Issues
A. Approve resolve acknowledging heroic efforts of Mount Desert Fire Department and mutual aid communities in combating the July 29, 2008 Main Street Northeast Harbor fire.
Proclamation
Whereas the business district of the village of Northeast Harbor was seriously threatened by fire on the early morning of July 29, 2008; and
Whereas when Mount Desert firefighters and equipment arrived on the scene they found the building at 143 Main Street fully involved; and
Whereas other Mount Desert Island and Hancock County mutual aid fire departments quickly responded to a call for mutual aid; and
Whereas the towns of Bar Harbor and Ellsworth contributed their ladder trucks in addition to manpower and other equipment; and
Whereas the volunteers of fire departments from Southwest Harbor, Tremont, Trenton, Lamoine, Franklin, Hancock, Orland, Bucksport, Dedham and Islesford also contributed significant resources of equipment and manpower; and
Whereas Hancock County Emergency Management provided large scale incident management experience and the Mount Desert Police, Dispatch and Public Works Departments provided exceptional crowd and traffic control and
Whereas volunteer medical monitoring was provided by the Northeast Harbor Ambulance Service; and
Whereas numerous Northeast Harbor businesses, organizations, service groups, and individuals provided food, water, encouragement and emotional support to the volunteers, and
Whereas by 6:00 P.M. on July 30, 2008 this fire was successfully contained, extinguished, and damage to the entire business district limited;
Therefore please know that the Mount Desert Board of Selectmen publicly, with great satisfaction and pride acknowledges the excellent result of the cooperative efforts of those mentioned above. Your extraordinary effort and exemplary cooperation will become a model and a standard for others to aspire to. Good job and thank you.
Approved this 4th day of August, 2008.
Jeffery Smith, Chairman Patrick Smallidge, Vice Chairman
James Mooers, Selectman Jean Bonville, Selectman
Charles Bucklin, Selectman
Selectman Smith moved to approve the above resolve with amendments, seconded by Selectman Mooers. The motion was approved 5-0.
B. Approve resolve acknowledging heroic life-saving efforts of Mount Desert Police Officer Christopher Wharff.
Proclamation
Whereas on the early morning of July 29, 2008 Mount Desert Police Officer Christopher Wharff responded to a call on Main Street Northeast Harbor; and
Whereas arriving on the scene he found the building at 143 Main Street on fire threatening neighboring buildings; and
Whereas Officer Wharff learned that the second floor apartment of the building adjacent to 143 Main Street was occupied by the owner of the building; and
Whereas Officer Wharff entered the building at 145 Main Street while the building was beginning to become involved with fire; and
Whereas the fire and smoke alarm in the building was not operational and
Whereas Officer Wharff successfully awakened the elderly resident and helped her escape from the second floor apartment before the building became fully involved with fire; and
Whereas it is likely without the intervention of Officer Wharff the elderly resident of 145 Main Street would not have awakened and would have perished;
Therefore please know that the Mount Desert Board of Selectmen publicly, with great satisfaction and pride acknowledge Mount Desert Police Officer Christopher Wharff’s quick thinking and quicker actions preventing this fire from claiming the life of one of our citizens. His actions and bravery are to be commended. On behalf of a grateful community, thank you.
Approved this 4th day of August, 2008.
Jeffery Smith, Chairman Patrick Smallidge, Vice Chairman
James Mooers, Selectman Jean Bonville, Selectman
Charles Bucklin, Selectman
Selectman Smith moved to approve the above resolve with amendments, seconded by Selectman Mooers. The motion was approved 5-0.
VII. Other Business
A. Auditor James Wadman follow-up of May 18, 2008 auditor’s management letter.
Selectman Mooers said that he was a big fan of moving on, and hoped that meeting with the auditors served its purpose. Selectman Bonville stated that certain issues had been addressed; some things are still not done, but over all the Town is heading in the right direction. Town Manager MacDonald acknowledged that there was no "material items" remaining from the 2007 audit, and trying to move the audit date up to from October 27, 2008. Selectman Smith wanted to go on the record and publicly say that the Board of Selectmen in no way, and in any way did they find the Finance Director Brent Hamor or any part of the Town Staff in any culpable manner or of criminal intent.
B. Discuss required elected official training for Maine Right to Know legislation.
Town Manager MacDonald stated that Board of Selectmen and the School Board are required to attend the training. The process is self reporting. Participants can meet the requirement by visiting training websites.
C. Notice of cancellation of purchase of CEO vehicle from Darlings Ford.
Selectman Mooers moved to authorize the Town Manager to negotiate a new contract for purchase of a new truck from Darlings Ford for the Code Enforcement Officer, seconded by Selectman Smallidge. The motion was approved, 5-0.
D. Notice of possible volunteer appreciation family picnic at NEH village green August 17,
2008.
Selectman Mooers agreed that there should be a volunteer appreciation family picnic and whole heartily supported the idea, seconded by Selectman Bonville. The motion was approved, 5-0.
New Item added to agenda after the agenda's were published and distributed. Selectman Mooers moved to authorize payment of reduced legal fees, bill is less $200.00 equaling $2475.00 for Maine Coalition to Save our Schools, seconded by Selectman Bonville. The motion was approved, 5-0.
IX. Treasurer’s Warrants
Approve Treasurer’s Warrant #85 for $11391.28; #7 for $138,430.95.
Selectman Mooers moved to approve the Treasurer's Warrants as presented #85 for $11391.28; #7 for $138,430.95 seconded by Selectman Smallidge. The motion was approved, 5-0.
X. Executive Session
None
At 8:20PM Selectman Mooers moved to adjourn the meeting, seconded by Selectman Bucklin. The motion was approved, 5-0.
Respectfully submitted,
Rick Mooers
Secretary
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