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Selectmen's Meeting Minutes - 08/06/2007
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, August 6, 2007

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 Ernest Coombs, Selectmen Kathy Branch, Rick Mooers, Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Harbor Master Shawn Murphy,  Fire Chief Mike Bender, Public Works Director Tony Smith, Town Clerk Joelle Nolan, Recording Secretary Jennifer McWain 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 16, 2007.


MOTION:    Selectman Branch moved to approve the minutes of the Regular Meeting of July 16, 2007, seconded by Selectman Smith.  The vote was unanimous in favor.

III.    Appointments and Communications

A.      Confirm appointment of Robert Courtot as part-time Dispatcher, Effective August 7, 2007 at hourly rate of $12.00.

MOTION: Selectmen Mooers moved to approve the appointment of Robert Courtot as part-time Dispatcher, seconded by Selectmen Smith. The vote was unanimous in favor.

B.      Respond to request to purchase hand pump located on Town owned property on Beech Hill Rd.

Chairman Coombs had reservations about the hand pump working. Selectmen Mooers mentioned that that Town has a surplus town property process for no matter how small the item. Chairman Smith thought it would be setting a bad precedent for selling Town property. Public Works Director Smith mentioned that it could be added to the list of items for a Town surplus property sale.

No action required.

C.      Acknowledge receipt of MDI Water Quality Coalition report on Seal Harbor beach.
                
Town Manager MacDonald mentioned that comparing the last two reports from the MDI Water Coalition for the numbers for Seal Beach looked good.  He contributed that the lower numbers could be from the sewer lines clean up.

No action required.

D.      Acknowledge receipt of department reports; Harbor Master, Code Enforcement, Public Works.

No action required.
E.       Acknowledge Verizon application to MDOT for utility pole location permit (Stub Pole on Rt. 3,
            Peabody Drive).

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

F.      Acknowledge Verizon application to MDOT for utility pole location permit (Rt. 3 Dodge Pt Rd.).

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

G.      Request from sailing vessel Rachel B. Jackson for commercial "drop off" privileges at NEH dock.

Mr. Keblinsky was not present for his request to speak to the board. Selectmen Mooers had concerns about Mr. Keblinsky's request because it did not mention what vessels would be used, what happens to the people that are dropped off at the Town Pier, and if the Board were to agree to this, what about next year. He would like this referred to the Marine Management Committee. Harbor Master Murphy concerned that the absence of Mr., Keblinsky was problematic, because of the time and energy he has spent, he felt was for nothing, and this request is prohibited by the Marine Management Ordinance. Selectmen Smallidge would also like the Marine Management Committee address this issue.

H.        Public Works Director's report on Rt. 3 meeting with MDOT officials.

Selectmen Smallidge voiced his concerns that there were real issues with the road already; he would like to see some of the bond money used which would allow for a smoother surface.

No action required.

IV.     Selectmen Reports

V.      Old Business

A.               Report on Reorganization Planning Committee.

Selectmen Smith attended the last meeting. He felt that the island has jumped through many hoops for the State of Maine. The committee is meeting on a weekly basis and wants the best attorneys, doesn't want to make unreasonable demands. He is interested in how the funding formula works. Selectmen Mooers thinks that the group shows promise in their thinking, and that they have more good questions, than answers. He also mentioned his concerns for how the funding formula works.

Citizen George Peckham made comments that the funding formula was skewed; Cranberry Island was hit the hardest, with Bar Harbor saving money. Mr. Peckhan also was concerned that there was no member of the public on the committee.

Selectmen Smallidge voiced his concern on how long would Mount Desert be willing to carry Bar Harbor, and we were in a "fiscal nightmare", with school consolidation has nothing to do with education. Smallidge requested that the committee send agenda and minutes to keep the board informed.

Selectmen Smith stated that the committee was trying to establish some ground rules.


B.      Correction on minutes of June 18, 2007 meeting.

MOTION: There was some confusion about wording in the minutes of the June 18, 2007 meeting. Selectmen Mooers moved to approve the minutes as he remembers the conversation as reflected in the corrected minutes, seconded by Selectmen Smith. The vote was unanimous in favor.


VI.     New Business

A.      Approve transfer of $3,370.16 from Marina reserve account #2840 (NEH Landing- balance $150,120.17); permitting expense for float expansion.
        
        Harbor Master Murphy stated that the Town made an error in coding a bill. Selectmen Smallidge commented that it was just as much the Board's mistake as it was the Town's. Smallidge moved to approve, with a second from Branch. The vote was unanimous in favor.


B.      Approve expenditure of up to $8,200.00 from reserve account 2950 (S H Marina access road - balance $138,470.31) for technical services.

        Public Works Director Smith said that the request would cover the design and engineering cost. Mooers moved to approve, with a second from Branch. The vote was unanimous in favor.

C.      Approve expenditure of up to $1,500.00 from reserve account 2660 (Capital Improvement Reserve- balance $2,059,926.74) for Highway garage technical services.

        Citizen Jean Bonville said that the town was using the wrong account numbers, and pointed out several outstanding amounts of that account. Selectmen Mooers asked if the $2, 059,926.74 should be 600,000 less with the transfers. Public Works Director Smith reminded the board that his department needs an adequate building, and he needs the money to do a concept plan, with this expenditure he would be able to get a concept plan. Town Manager MacDonald stated that Jean Bonville was right on account numbers. Selectmen Smith moved to approve, with second from Mooers. The vote was unanimous in favor.

D.      Acknowledge and post Hancock County Commissioners Caucus Warrant for Budget Advisory Committee election.

        Acknowledge and signed county caucus warrant

E.      Cast ballot for Maine Municipal Association officers and directors.

        Selectmen Mooers moved to cast ballot and was seconded by Smith. The vote was unanimous in favor.

F.      Approve Jeffery Smith Acadia Advisory Commission nomination letter.

        Approved nomination letter for Jeffrey Smith, moved to approve by Mooers, seconded by Smallidge. Board voted 4-0-1 (with Jeff Smith abstaining).
                
G.              Approve request to place 26 foot camper trailer on lot at 118 Northern Neck Rd.

A history of the property in question was given. After much discussion by the board and land owners. Motion to permit camper use on the Brown's property, Smallidge made the motion, Smith seconded, motion failed 2, Smallidge and Smith to 3, Mooers, Coombs and Branch, referred question to CEO and Planning Board.

H.              Approve request for support to remove utility pole on Route 3 near 188 Peabody Drive, Seal Harbor.

After brief discussion, board directed staff to contact Bangor Hydro and request sides of light be painted black to direct illumination downward. Moved by Smallidge, seconded by Smith. The vote was unanimous in favor.


VII.    General Issues


A.      George Peckham questioned if town had requested legal opinion on the legality or constitutionally of educational reform. Mr. Peckham reminded Town Manager of previous request. The Town Manager was asked to find legal advice and ask attorney to render opinion.

B.      Stockton Smith requested Board of Selectmen to explore what can be done with the lobster pots that are too closed to moorings. Considerable discussion with the Harbor Master and Selectmen Smallidge (recused). Motion to refer matter to Marine Management Committee, Smith moved seconded by Branch, Board voted 4-0-1 with Smallidge abstaining.

VII.    Other Business

        None

IX. Treasurer's Warrants

Approve Treasurer's Warrant # 55 for $204,999.68. Signed as presented.

X.      Executive Session Executive Session -Pursuant to MSRA Title1, Ch 13, §405.6.A; to discuss a personnel matter.

        Board went into executive session, 8:05pm. Motion to come out of executive session at 8:25pm, Smith motioned, seconded by Smallidge. The vote was unanimous by favor.
        No action taken.

At 8:25 p.m. Selectman Smallidge moved to adjourn the meeting, seconded by Selectman Branch.  The vote was unanimous in favor.


Respectfully submitted,



Jeffrey Smith
Secretary