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Selectmen's Meeting Minutes - 07/16/2007
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, July 16, 2007

A meeting of the Board of Selectmen was held this date in the Meeting Room at the Fire Station, Somesville, Maine.

Those present included: Chairman Ernest Coombs, Selectmen Kathy Branch, Rick Mooers, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Police Chief James Willis, Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, Recording Secretary Kathleen Miller 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 July 2, 2007.

A correction was made on page 1, line 10 to change the word Chef to Chief.

MOTION:    Selectman Smallidge moved to approve the minutes of the Regular Meeting of July 2, 2007 as corrected, seconded by Selectman Mooers.  The vote was unanimous in favor.

III.    Appointments and Communications

A.      Approve appointment of James Willis as Acting Town Manager during Town Manager's absence(s) of more than two days.

MOTION: Selectman Smith moved to approve the appointment of Police Chief Willis as Acting Town Manager in the absence of Town Manager MacDonald as noted above, seconded by Selectman Mooers. The vote was unanimous in favor.

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

No action required.

C.      Acknowledge receipt of monthly department reports; Fire, Public Works; Town Clerk

No action required.

D.      Maine Municipal Employees Health Trust (MMEHT) new health plan offering.

No action required. It was noted the plan offers higher deductibles for employees, and lower premiums for the Town. Preventive care would continue to be covered. This was for information only. Details of any plan changes would be part of labor contract negotiations with the union.

E.      Acknowledge Verizon application to MDOT for utility pole location permit (Rt 3/198).

No action required. This is a courtesy notification by the State.

F.      Acknowledge Verizon application to MDOT for utility pole location permit (Rt. 3 and addressStreetRichardson Avenue, Otter Creek).

No action required. This is a courtesy notification by the State.

G.      Acknowledge receipt of Somesville Fish Passage Project news from Somes-Meynell Wildlife Sanctuary.

It was noted that the Somesville Fish Passage Project was a commendable effort that pulled together various financial resources and saved the Town money in the future. It was suggested that some official recognition be given to David Lamon and the Somes-Meynell Wildlife Sanctuary for efforts above and beyond expectations.

IV.     Selectmen Reports

"       Selectman Smallidge inquired about making improvements to the public boat launch on Sea Street in Northeast Harbor, specifically adding an additional three feet. Harbor Master Murphy responded there are no plans to make any changes to it now, but noted the request for future consideration.

"       Chairman Coombs suggested, and other Board members agreed, to invite the Governor, Commissioner of Transportation, and the local legislative delegation to join the Board on Island Explorer bus ride on our state roads to point out the need to make improvements. It was noted that neither of the roads of greatest concern are currently on the State's two-year planned list for improvements. The Board directed the Town Manager to write letters of invitation.

V.      Old Business

A.      Approve Pond's End improvement project.

Selectman Smith reported that he and Ted Bromage had both reviewed the parcel with Public Works Director Smith, and felt the proposed plan would improve and clarify access for swimmers, kayaks, and other boats. He suggested stenciling usage indications on floats immediately.  It was also recommended that the local canoe/kayak rental owner be notified of changes and enlist their support in directing renters to the proper launch area.  The plan includes cleaning up an area west of the launch ramp for suggested use as another swimming area. The estimated cost of the proposed changes is $12,500.

MOTION: Selectman Smallidge moved to authorize the plan as proposed for Pond's End, seconded by Selectman Mooers. The vote was unanimous in favor.

VI.     New Business

A.      Authorize Town Manager to sign Maine Department of Transportation "Urban/Rural Initiative Program" (URIP) certification.

Town Manager MacDonald noted the Town will need to certify that money received from the State for roads is actually used for that purpose.

MOTION:         Selectman Smallidge moved to authorize the Town Manager to sign the Maine Department of Transportation URIP certification as noted above, seconded by Selectman Smith. The vote was unanimous in favor.

B.      Approve Verizon utility location permit, Wall Street, Otter Creek.

C.      Approve Verizon utility location permit, addressStreetGrover Avenue, Otter Creek.

MOTION: Selectman Smith moved to approve the utility permits noted in items B. and C. above, seconded by Selectman Smallidge. The vote was unanimous in favor.

VII.    General Issues

A.      Appoint Board of Selectmen member to school Regionalization Planning Committee.

Selectman Smith stated that he had an interest in serving on this Committee, has a background in education, and had clarified with the School Superintendent there would be no conflict of interest with his wife employed as a teacher because the Committee serves only an advisory role. He also clarified that he understood the duty to report back to the Board of Selectmen on the work of the Committee.

There was a lengthy discussion between the Board and members of the public about the role and membership of the Committee, as well as legal requirements versus guidelines. It was noted that the Committee will make recommendations to the towns included in the region for the voters to approve in the future regarding the regionalization plan.

MOTION: Selectman Mooers moved to approve the appointment of Selectman Smith to represent the Board of Selectmen on the school Regionalization Planning Committee, seconded by Selectman Smallidge. The vote was four in favor, none opposed, with Selectman Smith abstaining. The motion carried.

It was announced that the first meeting of the Committee will be on July 23 at 7:00 pm at the high school, and that it is open to the public.

B.      Recommend BOS member Jeffery Smith as Governor's appointment to vacant position on Acadia Advisory Commission.

It was noted that the Acadia Advisory Commission has ceased to exist, but that legislation to recreate it is pending. When the Commission starts up again, there will be a vacancy. Selectman Smith has expressed interest, has worked in Acadia National Park in the past, and stated that he felt it important for the Town to have representation on the Commission.

MOTION: Selectman Smallidge moved to recommend Selectman Smith as the Governor's appointment to the vacant position on the Acadia Advisory Commission, seconded by Selectman Branch. The vote was four in favor, none opposed, with Selectman Smith abstaining. The motion carried.

VII.    Other Business

The Board of Selectmen and Town Planning Board have received a letter from Sandra Graves detailing her concerns over the noise levels from the neighboring restaurant Bassa. Police Chief Willis stated they respond to any complaints by addressing the owners, who have been cooperative in trying to quiet the patrons when approached by the police. Chief Willis noted the charges indicated for unreasonable noise levels would be for disorderly conduct against the individuals causing the noise, according to state authorities. Selectman Branch suggested checking into the charge made in Ms. Graves' letter that the fence that was to be constructed as part of the conditional use permit has not been erected. This would be a matter for the Planning or Appeals Boards.

IX.  Treasurer's Warrants

Approve Treasurer's Warrant #51 for $163,323.66; #52 for $339,308.40.

Signed as presented.

X       Executive Session

None requested.

At 7:30 p.m. Selectman Smith moved to adjourn the meeting, seconded by Selectman Mooers.    The vote was unanimous in favor.


Respectfully submitted,



Jeffrey Smith
Secretary