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Selectmen's Meeting Minutes - 05/07/2007
MEETING OF THE BOARD OF SELECTMEN

TOWN OF MOUNT DESERT, MAINE

Monday, May 7, 2007



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

Those present included: Chairman Ernest Coombs, Selectmen Kathy Branch, Rick Mooers , Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Police Chief James Willis, Assessor John Brushwein, Harbor Master Shawn Murphy, Fire Chief Mike Bender, Town Clerk Joelle Nolan, Recording Secretary Ellen Kappes and members of the public.



I.      Call to order.





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







II.     Minutes





A.   Approval of minutes of Regular Meeting of April 17, 2007   were not included in Selectmen’s packages







VII.    General Issues



A.      Mount Desert School Board Chairman Brown; discuss state legislation affecting local schools



Chairman Coombs took the above item out of order.  Mia Brown gave an update on a new proposed bill for schools saying the State is considering cutting special educations funds for minimum receiving towns.  If that happens, our School would be short in its budget by $208,000 and the Board would be looking for a special town meeting to discuss the problem of raising funds.  She indicated how our three legislators stand on the proposed legislation: Hannah Pingree is taking the problem seriously and is against the legislation as it stands; Dennis Damon does not agree with certain issues; Ted Koffman is still on the fence.

Mrs. Brown said a petition drive going is underway via email.  She asked the Board to post on its web site a notification about the existence of the petition with contacts’ addresses so that people could send their opinions to legislators.  Heather Jones stressed the need for people other than those connected with the schools to participate.  With a potential vote at end of this week, the Board did not have time to call a special meeting for this Town to discuss the matter.

At 6:45 pm, the session took a break while Town Manager MacDonald and Mrs. Brown printed a copy of an email with the petition in it.   At 6:50 pm the meeting resumed.  Selectmen agreed to post the notification on the Town’s web site and provide contact information for legislators.







III.    Appointments and Communications



A.  Accept with regret resignation of Police Patrol Officer Daniel Owens, resignation effective May 7, 2007.  No action needed



B.  Confirm Public Works seasonal employee appointments; all at $12.00 per hour; Ryan Dunbar and Corey Frost as refuse helpers, Fred King as Buildings and Grounds helper, and Kevin Stradley as Wastewater  and refuse helper.



MOTION:  Selectman Smallidge moved to approve the above, seconded by Selectman Smith. The vote was unanimous in favor.



C.  Acknowledge receipt of monthly department reports; Code Enforcement, Fire, Police, Public Works, and Town Clerk.



Responding to Chairman Coombs, Public Works Director Smith said the parking lot at the NEH waste water treatment plant said it would be reconstructed.  It has not yet been bid.

Chairman Coombs said he was no more in favor of moving the police and dispatcher departments to Somes Sound than he ever was. He felt they should be in a place to which the public can walk.  Selectman Smallidge wanted to see figures.  He said this is a small town and suggested that a different facility might be used for police interviews. Public Works Director Smith said money has been spent on studies that are still on the shelf. He spoke about the degradation of the highway garage and said people in this Town want to have the very best. Selectman Mooers was impressed with the amount of time and energy that this Town has put   into elevating the professionalism of its public safety folks and police department.  He stressed the importance of assuring this Town’s citizens of their rights to privacy and confidentiality when being interviewed.  He mentioned issues of safety and security when evidence can be accessed by two different means, one being through public bathrooms which runs the possibility of tainting any evidence police might have.  Where is someone’s protection when his conversation can be overheard in a public bathroom, he asked. He said it is time to take some serious consideration of these issues.  Chairman Coombs said they all agreed that the Town needs to get busy and figure things out.  Selectman Smith agreed. Public Works Director Smith said he will put together an outline in the near future.  Police Chief Willis was hoping to see some direction soon from Selectmen about the problems downstairs. They are still spinning in circles.  Fire Chief Bender also wanted direction from Selectmen.



D.  Acknowledge receipt of monthly financials, Trial Balance, Revenue Control Report, and Appropriation Control Report.  Acknowledged.



E.  Acknowledge receipt of MMA Risk Management Services Stewardship report. No action



F.  Acknowledge receipt of MDOT Highway Opening Permit for Town of Mount Desert Seal Harbor sidewalk project      no action needed



IV.     Selectmen Reports



•       Selectman Mooers informed Selectmen about World Elder Abuse Day scheduled for June 15.  He wanted the Board to read or issue a proclamation of recognition at its June 4 meeting.



MOTION:  Selectman Smallidge moved to place the issue on its June 4 meeting, seconded by Selectman Mooers.  The vote was unanimous in favor.

V.      Old Business

A.      Approve Dobbs Productions Inc, request to use public access channel 2 for the summer 2007 and winter 2008 for the Acadia Channel.



MOTION:  Selectman Smallidge moved to approve the above, seconded by Selectman Mooers.  The vote was unanimous in favor.



B.  Approve United Church of Christ of Northeast Harbor and Seal Harbor request to hold Annual Summer Fair/Chicken Barbeque on Seal Harbor village green, Saturday, August 11, 2007.



MOTION:  Selectman Mooers moved to approve the above, seconded by Selectman Smallidge.  The vote was unanimous in favor.



C.   Approve Eric Dunleavy request to live in trailer on property located at Map 12, Lot 13, Sub 22. (sixth request).



MOTION:  Selectman Smallidge moved to approve the above, seconded by Selectman Mooers. The vote was unanimous in favor.



D.  Discussion of status of RedZone Wireless project.







Town Manager MacDonald said the contract is incomplete because the lawyers did not add Pretty Marsh to it.  He said RedZone is interested in moving forward and suggested a mid-week meeting.  Selectman Smith said he wanted to move it as rapidly as possible.  Selectmen scheduled Thursday, May 10 at 4:30 pm for a meeting with Jim McKenna from RedZone.



VI.     New Business



A. Approve release of $5,300.00 from Marina Reserve Account # 2840 (NEH Landing) for purchase of MuniMooring Program and related software.  (Account Balance $108,438.26)



Harbor Master Murphy explained some benefits of the above. It can generate the mailings for mooring bills and can locate and identify all moorings outside the harbors.

MOTION:  Selectman Smallidge moved to approve the above, seconded by Selectman Mooers.  The vote was unanimous in favor.



B.  Discuss, review and respond to Kim Horton offer to purchase 178 SF parcel authorized at Town Meeting.



Town Manager MacDonald said the offer is for $500 but the decision about its value is a political one.  Assessor Brushwein said going by square footage, the value is $4,539 but that it is not worth that.  It would add about $500 to their property value.  It has a tree in the middle of it.  The Town is not using it for anything.

MOTION:  Selectman Smallidge moved to accept the offer, seconded by Chairman Coombs.  The vote was 4 to 1.  Selectmen Coombs, Mooers, Smallidge and Smith voted in favor of the motion.  Selectman Branch voted against it.  The motion carried.

C. Approve Special Amusement Permit for Asticou Inn.

The owner of Grey Rock Inn had written that guests at her inn were bothered by some of the music from the Asticou.  None of the neighbors had written requested letters of complaint. Rick Savageau from the Asticou said he had never heard of the complaint.  Police Chief Willis said there had been only a few complaints in the last few years and that when someone from the department asked them to turn the music down, they did immediately.

MOTION:  Selectman Smith moved to approve the above, seconded by Selectman Mooers.  The vote was unanimous in favor.



D. Approve Mount Desert Chamber of Commerce request to add handicap restroom to Chamber building located on Town land.







MOTION:  Selectman Smallidge moved to approve the above, seconded by Selectman Mooers.  The vote was unanimous in favor.







E. Review Fire and Security Alarm Policy 

F.  Review Rapid Entry System Ordinance (Knox Box)







Town Manager MacDonald noted Fire Chief Bender’s hesitation to institute the policy.  The amount of work and paperwork would not be worth the 6 or 7 duplicate false alarms.  He has found that when he has spoken to the offenders, they were very responsive. Fire Chief Bender said the department has had to return to the same places only a handful of times.  Selectman Smith and Selectman Smith noted that when the matter was first addressed, there were a number of problems.  They have been greatly reduced since then.

Town Manager MacDonald said a Knox Box would be beneficial so firemen would not have to wait around for a caretaker.  Fire Chief Bender said most of the alarms are from unoccupied houses.  Caretakers used to live nearby; now most of them live as far away as Holden.  The homeowners seem to be receptive to the idea.

MOTION:  Selectman Smith moved to adopt the security alarm policy, seconded by Selectman Smallidge. The vote was 0 to 5.  The motion did not pass.

Responding to Town Manager MacDonald, Fire Chief Bender said he had not yet researched the implementation of the Knox Box – whether or not it would need Town approval.

MOTION:  Selectman Smith moved to table the rapid entry system until further notice, seconded by Selectman Mooers.  The vote was unanimous in favor.



G. Approve Tax Anticipation “borrowing” up to $1,500,000.00 from Capital Improvement Reserve (Account 2690, balance $2,251,557.56.)



Town Manager MacDonald said the auditors said this is an appropriate and common practice.  He said Finance Director Hamor told him the Town would save in interest and legal fees. Responding to Selectman Mooers, he said he anticipates the reserve will be paid back by the end of July.

MOTION:  Selectman Smith moved to approve the above, seconded by Selectman Mooers.  The vote was 4 to 1.  Selectmen Coombs, Mooers, Branch and Smith voted in favor of the motion; Selectman Smallidge voted against it.  The motion carried.

Selectman Smallidge said he did not think that step should be taken without Town Meeting approval.



H.  Award 2007 septic pumping and disposal contract; recommend Action Septic Service, $.095/gal pump; $.095/gal disposal



MOTION: Selectman Smith moved to award the above contract to the above low bidder, seconded by Selectman Branch.  The vote was unanimous in favor.

VII.    Other Business

Harbor Master Murphy asked about the possibility of getting an ice machine at the marina as a service to boaters.  He received a sense of the Board that it was a good idea.



IX.  Treasurer’s Warrants

A.   Approve Treasurer’s Warrant # 29 for $154,222.07; #33 for $363,989.58



Signed as presented.



X       Executive Session



None requested

At 7:58 pm, Selectman Smith moved to adjourn the meeting, seconded by Selectman Mooers.    The vote was unanimous in favor.

Respectfully submitted,





Jeffrey Smith

Secretary





Jennifer L. McWain[Marker]

Deputy Clerk

Town of Mount Desert

21 Sea Street

P.O. Box 248

Northeast Harbor ME 04662-0248

Telephone (207)276-5531

Fax (207) 276-3232