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Selectmen Meeting Minutes - 11/24/08
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, November 24, 2008

A meeting of the Board of Selectmen was held this date in the Meeting Room at the Town Hall, Sea Street, Northeast Harbor, Maine.

Those present included: Chairman Jeffrey Smith, Selectmen Patrick Smallidge, Rick Mooers, Charles Bucklin; Town Manager Michael MacDonald; Public Works Director Tony Smith, Harbor Master Shawn Murphy, Police Chief James Willis, Fire Chief Michael Bender,  Recording Secretary Jennifer McWain, and members of the public. Selectman Jean Bonville was absent from the meeting.

I.      Call to order.

Chairman Smith called the meeting to order at 6:30 p.m.

Executive Session – Pursuant to M.R.S.A Chapter 1 §405.6. A. (1) Personnel

Selectmen Smallidge moved that the Board of Selectmen enter into Executive session at 6:30PM for a personnel matter, seconded by Selectman Mooers. The motion was approved 4-0.

Selectman Mooers moved that the Board of Selectmen returned to regular session at 6:56PM, seconded by Selectman Smallidge.

Selectman Smith stated that he will recuse himself as Chairman of the Board of Selectmen until events work themselves out. Vice Chairman Smallidge assumed the Chairmanship of the meeting.     

II.     Minutes

A.      Approval of minutes of Regular Meeting of June 2, 2008, August 4, 2008, and August 11, 2008.

        Selectman Smallidge moved to approve the minutes for the meetings of June 2, August 4, and August 11, 2008 with one spelling correction to June 2, 2008 minutes, seconded by Selectman Smith. The motion was approved 4-0.

III.    Appointments and Communications

A.      Approve appointment of Ernest Coombs to Zoning Board of Appeals.

        Selectman Smith moved to approve the appointment of Ernest Coombs to the Zoning Board of Appeals, seconded by Selectman Mooers. The motion was approved 4-0.

B.      Confirm appointment of Jeffrey Hunter as Part Time Police Patrolman effective November 25, 2008 at an hourly rate of $16.50.

        Selectman Mooers moved to confirm appointment of Jeffrey Hunter as Part Time Police Patrolman, seconded by Selectman Smith. The motion was approved 4-0.

C.      Acknowledge receipt of Hancock County Commissioners notice of County Budget Informational Meeting, 6:00P.M., November 26, 2008, Commissioners Meeting Room, County Courthouse.

        No action acknowledgement of the County Budget informational meeting on November 26, 2008.
        
D.      Acknowledge receipt of monthly department reports; Town Clerk, Assessor, Fire, Public Works Highway, Solid Waste, Wastewater and Code Enforcement.

        No action acknowledgement of the monthly department reports. Selectman Smallidge positively commented on the Public Work's mechanic helping out with the Town of Oakland's school bus.  

E.      Acknowledge receipt of Town Clerk report on results of November 4 election.

        No action acknowledgement of Town Clerk's report on the results of the November 4 election.
        
F.      Acknowledge receipt of Olver Associates Weekly construction Summary for Somesville WWTF Upgrade, October 31, 2008, November 7, 2008 and November 14, 2008.

        No action acknowledgement of summary for Somesville WWTF Upgrade.
        
G.      Acknowledge receipt of Digital Data Information Application.

Town Manager MacDonald gave a brief explanation for the need of the application, that if the company sells the Town's information, this would break the agreement No action, acknowledgement by Board.

H.      Acknowledge receipt of monthly financials, General Ledger, Revenue Report, and Expense Report.

No action acknowledgement of monthly financials.

I.      Acknowledge receipt of Time Warner notice of rate increase.

        No action acknowledgement of Time Warner notice of rate increase.

IV.     Selectmen Reports
        
There were no reports from the Selectmen. There was a brief discussion with Citizen Peckham on his comments that he is preparing for the December 4th forum on the MDI High School Funding Formula.

V.      Old Business

A.      Approve 2008 Rural Wastewater Support Program Grant Amount, suggest $591.00.

        There was considerable discussion on the qualification of participants, Selectman Smith moved to approve the 2008 grant amount of $591.00, seconded by Selectman Mooers. The motion was approved 4-0.   

B.      Consideration and approval of Fire Department Ladder Truck financing options.

        After brief discussion the Board of Selectmen confirmed an earlier decision to pay
$300,000 upon delivery of the Fire Department Ladder truck and finance the balance over 5 years and put the item as a warrant article at Town Meeting requesting the approval to bond or lease purchase for the balance.  

C.      Review winter heating assistance options.
        
Selectman Mooers summarized his various discussions with social service groups and offer a motion to have the Town fund up to $5,000 from the Board of Selectmen contingency account. The Town Manager would administer the assistance to Town residents that fit the eligibility criteria which is: Any person age 62 or older, on a “fixed” income (Social Security, Social Security Disability, etc.) or is disabled as defined by the Social Security Administration and on a fixed income, would be eligible to receive emergency assistance for fuel from the “Fund”. Selectman Smith moved to approve the assistance options seconded by Selectman Bucklin. The motion was approved 4-0.

D.      Results of 2007 non-binding referendum.

Acknowledgement of the results of the 2007 non-binding referendum vote. The Board agreed that the information will be very helpful at the December 4 MDI High School funding formula meeting.

VI.     New Business

A.      Consideration of compensating Planning Board members for travel expenses. (Mooers)
        
After discussion of possible reimbursement rate for Planning Board members, the Board of Selectmen requested that the Planning Board member that was present at the meeting present reimbursement/stipend topic to next Planning Board agenda.

B.      Approve NEH Sailing School request to use NEH village green as staging area for youth regatta, July 21-22, 2009.

        Selectman Smith moved to approve the Northeast Harbor Sailing School request to use the Northeast Harbor village green for the July 21-22, 2009 regatta, seconded by Selectman Mooers. The motion was approved 3-0-1, with Selectman Smallidge abstaining.

C.      Approve Bangor Hydro Electric Company Utility Location Permit for one pole on Neighborhood Road, approximately 63 feet westerly from the junction of Tracy Road.

        Board of Selectmen failed to approve the Bangor Hydro Electric pole location request, due to pole being placed in the center of a Town owned parking area, and directed Bangor Hydro Electric to seek alternative locations. Selectman Mooers denied the requested, seconded by Selectman Smith. The motion failed 0-4.

D.      Approve Fairpoint Communications Utility Location Permit for one pole on Hall Quarry road approximately 933 southeasterly of State Route 102.

        Selectman Mooers moved to approve the utility pole request, seconded by Selectman Smith. The motion was approved 4-0.

E.      Approve award of Town Office Boiler Replacement to Northeast Plumbing and Heating in the amount of $37,239.00 and approve the release of an amount not to exceed $27,239.00 from Building Reserve Account Number 20-24105-70 (balance $90,554.53).

Selectman Smith moved to approve the duplex boiler replacement from Northeast Plumbing and Heating and approve the release of funds, seconded by Selectman Mooers. The motion was approved 4-0.

F.      Cast ballot for Municipal Review Committee Board of Director’s election.
        
        Town Manager MacDonald had no recommendations. Selectman Smith moved not to cast a ballot, seconded by Selectman Bucklin. The motion was approved 4-0.  

G.      Remove Michael MacDonald as authorized signature and add John Graves as authorized signature on Bar Harbor Bank and Trust Company Account # 81507511.

        Selectman Mooers moved to approve the removal of Michael MacDonald as authorized signature and add John Graves as authorized signature on Bar Harbor Bank and Trust Company Account # 81507511, seconded by Selectman Bucklin. The motion was approved 4-0.

H.      Recommend that the Board of Selectmen approve the Marine Management Committee’s recommendation to change the existing Seafood Buyer’s annual fee from $250.00 to $500.00, adding a dock usage fee of $2.00 per/crate and a $2.00 per/barrel of bait per buyer/seller and that the Board of Selectmen schedule public hearing to make the necessary changes to Section 3.1 of the Harbor Regulations.

        Selectman Smallidge recused himself from the discussion. Selectman Mooers moved to approve an extension until January 5, 2009 and directed staff to schedule a public hearing on the Marine Management Committee recommendations on the existing Seafood Buyer’s annual fee from $250.00 to $500.00, adding a dock usage fee of $2.00 per/crate and a $2.00 per/barrel of bait per buyer/seller, seconded by Selectman Smith. The motion was approved 3-0-1, with Selectman Smallidge abstaining from the vote.

I.      Authorize Harbor Master to advertise for bids to construct six (6) 20 X 20 floats.

        Town Manager MacDonald apologized for the confusion on the agenda item; the action is to sell not to construct the 6 floats. Selectman Smith declared the 6 20 X 20 floats as surplus, seconded by Selectman Bucklin. Selectman Mooers moved to authorize the Harbor Master to advertise the surplus floats for sale, seconded by Selectman Bucklin. The motion was approved 4-0.

VII.    General Issues

A.      Approve employee request to close Town Office December 26, 2008 and permit employees to use paid leave for the day.  Employees wishing to work the day may do so.

        Selectman Smith moved to approve the closure of the Administrative Offices of the Town Office on December 26, 2008, seconded by Selectman Bucklin. The motion was approved 4-0.

VII.    Other Business

        There was discussion with Citizen Horner when the Town could expect an report on the progress of the new Finance Director and the status the audit.

IX. Treasurer’s Warrants

A.      Approve Treasurer’s Warrant #35 for $1,449,104.77, #37 for $30,781.64 and #38 for $5,463.00

Selectman Smith moved to approve the warrants as presented, seconded by Selectman Bucklin. The vote was approved 4-0.

X       Executive Session

None


Selectman Mooers moved adjourn the meeting, seconded by Selectman Smith. The vote was unanimous in favor, meeting adjourned at 8:20PM.


Respectfully submitted,



Rick Mooers
Secretary