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Selectmen Meeting Minutes - 09/29/08
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, September 29, 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; Chuck Bucklin, Town Manager Michael MacDonald;  Fire Chief Mike Bender, Public Works Director Tony Smith, Town Clerk Joelle Nolan, Police Chief Jim Willis; Finance Director John Graves; 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 the minutes of the Board of Selectman meeting for May 19, 2008.

Selectman Smallidge moved to approve the minutes as amended to fix spelling errors, seconded by Selectman Bonville. The vote was unanimous in favor, 5-0.

III.    Appointments and Communications

A.      Approve appointment of John Graves as Treasurer and Tax Collector.

Town Manager MacDonald presented a memo that listed the banks that the Town of Mount Desert currently does business with; MacDonald asked that the updated list of bank information and signatories be added to the minutes as a formal transition of all the duties and legal responsibilities from the interims (Town Clerk Nolan and Town Manager Mike MacDonald) to John Graves. The list is as follows:

Bar Harbor Banking and Trust, general checking account, signatories: Kyle Avila, deleted, Jennifer McWain, continue, Joelle Nolan, continue and add John Graves.

Bar Harbor Banking and Trust, sweep account (savings), signatories: Kyle Avila, deleted, Jennifer McWain, continue, Joelle Nolan, continue and add John Graves.

Bar Harbor Banking and Trust, MDES, signatories: Kyle Avila, deleted, Jennifer McWain, continue, Joelle Nolan continue and add John Graves.

Bar Harbor Banking and Trust, VISA Card, signatories: Michael MacDonald, continue, Joelle Nolan, continue, Tony Smith, continue, Michael Bender, continue, James Willis, continue, Shawn Murphy, continue, and add Kyle Avila and John Graves.

First National Bank, General checking, signatories: Kyle Avila, deleted, Jennifer McWain, continue, Joelle Nolan, continue, and add John Graves.

First National Bank, Safe Deposit Box, signatories: Michael MacDonald, continue, Jennifer McWain, continue, Margaret Porter, continue, Danielle Goodwin, continue, Joelle Nolan, to continue.

Union Trust/Camden National, General checking (includes sweep), signatories: Michael MacDonald, deleted, Jennifer McWain, continue, Kyle Avila, deleted, Joelle Nolan, continue, and add John Graves.

Union Trust/ Camden National, Night Depository, signatories: Michael MacDonald deleted, Jennifer McWain, continue, Kyle Avila, deleted, Joelle Nolan, continue, and add John Graves.

Acadia Trust, Investments, trust account, signatories: Board of Selectmen, continue and Michael MacDonald, to continue.

Selectman Mooers moved to appoint John Graves as Treasurer and Tax Collector, and accept Town Manager MacDonald’s memo to be added to the minutes, seconded by Selectman Bonville. The vote was unanimous in favor, 5-0.

B.      Approve appointment of voting delegate to MMA Convention.

Selectman Mooers moved to approve Town Manager Michael MacDonald as voting delegate to MMA Convention, seconded by Selectman Bucklin. The vote was unanimous in favor, 5-0.

C.      Acknowledge notice of Building Code Violation, Grace.

Selectman Smallidge expressed his concern on how long these violations had been in the files. No action, acknowledgement of notice of violation, Grace.

D.      Acknowledge notice of Building Code Violation, Lawrie.
        
        No action needed acknowledgement of notice of violation, Lawrie.

E.      Acknowledge notice of Building Code Violation, Lincoln.

        No action needed acknowledgement of notice of violation, Lincoln.

F.      Acknowledge receipt of Somesville WWTF upgrade weekly construction summary.

No action, acknowledgement of weekly summary. The Board did appreciate the updates from Public Works Director Smith.

G.      Acknowledge receipt of monthly report, Police.

No action, acknowledgement of receipt of Police monthly report. Selectman Smith thanked Police Chief Willis for the compassion and professionalism that he was shown recently by the department for his missing dog.

H.      Acknowledge receipt of letter of appreciation from summer resident.

No action, acknowledgement of letter of appreciation, Board of Selectmen directed staff to contact the School Board to schedule a meeting to discuss the impact of moving the Annual Town Meeting date to late June or early July.

I.      Acknowledge notice from Fire Chief Bender of repair cost to Cooksey Drive fire pond.

Fire Chief Bender stated that there was more storm damage to the fire pond caused by the rain event by Hurricane Hannah. Selectman Bonville voiced concern that the jobs weren’t being bid out. Town Manager MacDonald stated that he supported Chief Bender on a job that needed to be done and the method of awarding work through non competitive bidding process. Selectman Smallidge expressed interest in possibly developing a purchasing policy.

IV.     Selectmen Reports

        None

V.      Old Business

A.      Continue discussion of water supply issues with Mount Desert Water District.
        
Considerable discussion of the Water District supply issues for firefighting purposes. Chief Bender stated that he saw the problem as an infrastructure problem. Selectman Smallidge was concerned that the Water Works Association standards compared to the Fire Services standards were not same requirements when it came to lives and or property. The Board directed Town Manager to notify Water District Manager Paul Slack of the need for a water by-pass value. Also the Board wanted to add the by-pass issue to the newly appointed Protection Committee issues list.

B.      Continue discussion of financing for NEH Marina.

There was considerable discussion from Selectman Bonville of the Town Meeting vote on the Marina budget. There was no action taken. The Board will address the financing of the Marina during the budget development and warrant development this winter.

C.      Approve release of an amount not to exceed $21,000.00 from Radio Reserve (account #20-24104-72; balance $30,963.73 plus 2008-2009 reserve appropriation to be credited of $10,000.00 form budget line 104-30-509-72). Tabled at 9-2-08 meeting.

Police Chief Willis explained the two different radio systems and the limitations of both. He also explained the limitations of the bidding process for specialty items such as the radio systems, because the contractor that they use now knows their system and the pluses and minuses of the system. Selectman Smallidge moved to approve up to $21,000.00, and directed staff to add discussion of the Capital Improvement Plan Reserve Account to the next meeting agenda, seconded Selectman Mooers. The vote was unanimous in favor, 5-0.

VI.     New Business

A.      Approve re-commitment of taxes from Joelle Nolan to John Graves.

There was discussion and a brief explanation of Finance Director Graves’ reservation of collection of properties that were never liened. Selectman Mooers moved to approve the re-commitment of taxes to John Graves, seconded by Selectman Bonville. The vote was unanimous in favor, 5-0.

B.      Develop and approve Public Protection Committee Mission Statement and time line.

Town Manager MacDonald thought the new committee members appointed, Police Chief, Fire Chief and Public Works Director should know what is expected of them. Selectman Smallidge charge the new committee with public safety issues, and research them in a timely manner. Selectman Mooers thought the committees mission should read: to inventory and present a listing of the Town’s resources necessary to maintain the public safety of the citizens, assets and the resources of the Town of Mount Desert. Also identify public safety deficiencies and make recommendation for the remediation of said deficiencies.

C.      Approve Bangor Hydro Electric Co. utility location permit application, one pole approximately 850 feet easterly from the end of Bartlett Island Road.

        Selectman Bonville moved to Bangor Hydro Electric Co. utility permit, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.       

D.      Authorize voting credentials for MMA Annual Business Meeting.
        
Selectman Smallidge moved to authorize voting credentials to Town manager MacDonald, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.

E.      Approve BYOB function application for Town of Mount Desert Fuel Fund, October 16, 2008 at Neighborhood House.

        Town Manager MacDonald voiced concern of the Towns name being attached to a benefit with BYOB privileges, and offered to contact MMA for insurance coverage if the Board wished. The Board asked the applicant to change the announcement to read “Residents” instead of “Town”. Selectman Smallidge stated that he appreciated the efforts of Ms. Dean. Selectman Smallidge moved that he would like to see on the next agenda, monies for a contingency fund to support an issue such as this, seconded by Selectman Mooers. The vote was unanimous in favor, 5-0.

VII.    General Issues

A.      Approve BYOB function application for Town of Mount Desert Fuel Fund, October 16, 2008 at Neighborhood House.

        Previously voted on in VI.

B.      Approve Model T Ford Club of America request for overnight parking September 12 &13, 2009.

        After considerable discussion Selectman Mooers moved to approve conceptual, contingent on adequate off-site parking and staging areas, directed Chief Willis to research possible staging areas, seconded by Selectman Bucklin. The vote was unanimous in favor, 5-0.
        
VII.    Other Business  

A.      Review and approve Town Manager evaluation document.

Town Manager MacDonald provided different evaluation documents that Selectman Mooers found on the internet and what other municipalities' have used for the evaluation process.

B.      Set public hearing date for new General Assistance Ordinance Maximums (suggest 6:35PM, October 20, 2008).

        Selectman Bonville moved to set the public hearing date for the new General Assistance Ordinance Maximums for Board of Selectman meeting of October 20th at 6:35PM, seconded Selectman Smallidge. The vote was unanimous in favor, 5-0.

C.      Confirm next meeting, 6:00 PM Tuesday, October 7, 2008, Forum, Mount Desert Elementary School, Joy Road, Northeast Harbor, join Mount Desert School Board to conduct a public hearing on proposed Alternative Organization Structure.

        Selectman Mooers confirm the next meeting on October 7, 2008 at the Mount Desert Elementary School to conduct a public hearing on the proposed Alternative Organization Structure, seconded by Selectman Bucklin. The vote was unanimous in favor, 5-0.
        

IX. Treasurer’s Warrants

Approve Treasurer’s Warrant #21 for $383,703.68 and #22 for $956,005.31.

Selectman Mooers moved to approve Warrant #21 and #22, seconded by Smallidge. The vote was unanimous in favor, 5-0.

X.      Executive Session

None

At 8:30PM Selectman Mooers moved to adjourn the meeting, seconded by Selectman Bucklin. The vote was unanimous in favor, 5-0.

Respectfully submitted,



Rick Mooers
Secretary