MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, September 4, 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: Selectmen Kathy Branch, Rick Mooers , Patrick Smallidge, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Shawn Murphy, Fire Chief Mike Bender, Town Clerk Nolan, Police Chief Willis, and Finance Director Hamor, Recording Secretary Jennifer McWain and members of the public. Chairman Coombs was absent and excused.
I. Call to order.
Vice Chairman Smallidge called the meeting to order at 6:30 p.m.
Public Hearing 6:35 PM: Proposed Amendments to Traffic Ordinance.
Vice Chairman Smallidge opened the public hearing at 6:35pm, there being no comments from the public, the public hearing was closed at 6:37pm.
II. Minutes
A. Approval of minutes of Regular Meeting of August 6 and August 20, 2007.
MOTION: Selectman Branch moved to approve the minutes of August 6 and August 20, 2007 after finding a minor spelling mistake, seconded by Selectman Mooers. The vote was unanimous in favor, 4-0.
III. Appointments and Communications
A. Accept with regret resignation of Police Patrolman L. Jason Clarke, effective August 26, 2007.
Accept with regret the resignation of Police Patrolman Jason Clarke.
B. Acknowledge MDI Water Quality Coalition Seal Harbor Beach report.
Board was unanimous in favor seeing that the numbers are coming down was excellent. No action acknowledgement of receipt of Seal Harbor Beach report.
C. Acknowledge receipt of monthly financials, Trial Balance, Revenue Control Report, and Appropriation Control Report.
No action acknowledgement of receipt of monthly financials.
D. Acknowledge receipt of department reports; Town Clerk, Police.
No action acknowledgement of receipt of department reports.
E. Acknowledge receipt of Great Harbor Museum facilities survey, executive summary, project budget definitions, and comparative project budget (high and low range estimates).
There was a brief discussion of the report with GHMM board members. Architect suggested installing an elevator, but not required. Estimated costs include an elevator, without an elevator, estimates would be $100, 000 less. Facility would be ADA complaint with a second staircase. The Museum is planning on a capital campaign to raise money to complete the renovation.
F. Acknowledge receipt of Mount Desert School Committee minutes of August 15, 2007, RPC minutes of August 22, 2007.
No action acknowledgement of receipt School Committee minutes.
G. Acknowledge receipt of September 10, 2007 as effective date of Winter Garbage Schedule.
No action acknowledgement of winter refuse collection schedule.
H. Acknowledge receipt of MDOT notice of Public Hearing Tuesday, September 19, 2007 at Bar Harbor Town office, topic is Intersection of Rt. 3 with 102/198 at Old County Road, Bar Harbor.
No action acknowledgement of receipt MDOT Public Hearing notice.
I. Acknowledge receipt of notice from St. Mary and St. Jude's of intent to conduct an outdoor service and picnic at Suminsby Park at 10:00 AM on September 9, 2007.
No action acknowledgement of St. Mary and St. Jude intent to hold Sunday service on September 9.
IV. Selectmen Reports
A. Regional Planning Committee report, Selectman Smith.
Selectman Smith briefly discussed on where the public can obtain information on the school administration consolidation issue for Union #98 and that MDES has a website that has informational links. There was comment again on the inadequacy of the RPC meeting minutes; the general public would not know what goes on from brevity of minutes. Public needs to be informed.
B. Selectman Mooers questioned lines on the Trial Balance, Tax Acquired property and Waste Water bond repayment reserve, Journal entry needed for TA Property, and the Waste Water bond repayment reserve funded.
V. Old Business
A. Respond to Lee Brown camper request, Planning Board remanded question back to Board of Selectmen.
Selectman Smith moved to approve the Brown request with second from Branch, the motion failed 0-4. Board cited ordinance is clear, prohibits requested activity.
B. Update on RedZone Wireless system build out.
Jim McKenna gave a brief presentation on the RedZone build out, there is signal now up to Somesville. RedZone is working on Northern Neck and the Pretty Marsh area. McKenna presented the first reimbursement check to town. He then responded to questions on when service will be available to specific residences. Urged potential clients to have patience. Only one call is necessary to add name to service list.
C. Approve Traffic Committee recommendations to Traffic Ordinance.
Motion was made by Selectman Mooers to approve the Traffic Ordinance amendments, seconded by Branch. The vote was unanimous in favor, 4-0.
D. Approve PW Director recommendations to permit removal of 5 spruce trees on "Dead End Road."
Selectman Mooers motioned for the removal of 5 trees, directed PW Director to improve the gravel road to the high water mark, seconded by Branch. The vote was unanimous in favor, 4-0.
E. Direct Town Manager to contact attorney for legal opinion on remaining provision of the Special and Private Act that created MDI High School and challenging the constitutionally of the school administration consolidation forced through State budget process.
There was considerable discussion on the local control issue. Selectman Mooers, with second from Smith direct the Town Manager to contact an attorney to determine what provision of the Special and Private act remained in effect after School Administration Consolidation legislation. With authorization to use up to $4,000 from account 403-2701. Also directed Town Manager to contact East Machias and any other communities to explore potential partnerships to fight for local control over school budget. Would like directed agenda item for next meeting on how to pay for extended legal work to fight consolidation and to prepare a referendum question for November elections.
F. Respond to invitation from L P Greenlaw Jr. to participate in a possible citizen's initiative referendum to repeal recently passed school consolidation law.
The Board directed Town Manager to respond in affirmative to Greenlaw questionnaire.
VI. New Business
A. Approve liquor license application HarborView Corp. d/b/a Main Sail Restaurant.
Selectman Branch moved to approve the MainSail liquor license, seconded by Mooers.
The vote was unanimous in favor, 4-0.
B. Approve Verizon utility location permit, buried conduit, on Summit Road.
Selectman Smith moved to approve Verizon utility location permit with additional requirement of completing a Road Opening Permit, seconded by Branch. The vote was unanimous in favor, 4-0.
C. Authorize Town Manager MacDonald as Voting Delegate to MMA Annual Business Meeting, at 11:00 AM, Thursday, October 4, 2007.
Selectman Mooers moved to approve Town Manager MacDonald as voting delegate, seconded by Smith. The vote was unanimous in favor, 4-0.
VII. General Issues
There was a question from a resident on the legality of a proposed executive session; Town Manager MacDonald quoted State statutes.
VIII. Other Business
A. Olver Associates, Somesville WWTP Upgrade Report.
There was considerable discussion on the Olver report, after brief discussion, Selectman Mooers motioned with a second by Smith to include a warrant article to fund entire project on December 3, 2007 warrant, motion failed 2-2, Selectmen Mooers and Smith for and Selectmen Branch and Smallidge against. Selectman Branch motioned, seconded by Smith to include as $400,000 warrant article for the December 3, 2007 Special Town Meeting. Article to pay for design costs for Somesville treatment plant upgrade, motion passed 4-0.
IX. Treasurer's Warrants
A. Approve Treasurer's Warrant # 63for $375,099.24 and #64 for $229,669.58.
Selectman Mooers moved to approve warrants #63 and #64, seconded by Branch. Board was unanimous in favor, 4-0.
X. Executive Session
Planned session cancelled
At 8:05 pm Selectman Branch moved to adjourn the meeting, seconded by Selectman Mooers. The vote was unanimous in favor.
Respectfully submitted,
Jeffrey Smith,
Secretary
The next regularly scheduled meeting is Monday September 17, 2007, at 6:30 P.M. in the Meeting Room, Somesville Fire Station, Somesville.
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