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Selectmen's Meeting Minutes - 10/01/2007
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 1, 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, Code Enforcement Officer Kim Keene, 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 September 17, 2007.

MOTION:    Selectman Branch moved to approve the minutes of the Regular Meeting of September 17, 2007, seconded by Selectman Smith.  The vote was unanimous in favor.

Item V taken out of order per Chairman Coombs.

A.      Adopt Resolve supporting petition to repeal school administration consolidation legislation.

There was considerable discussion between Selectmen Smith and Smallidge, School Committee Member Gail Marshall and town resident George Peckham over the process and funding formula, with possible repeal on legislation.  Gail Marshall mentioned that the bigger community newspapers are on the Governor's side in the way that they present this issue to the public. Selectman Smallidge mentioned that the local papers should be sent a copy of the Town's resolve with a request to print as an editorial. Selectman Smith moved to adopt resolve, seconded by Selectman Mooers. The vote was unanimous in favor.

B.      Regional Planning Committee update (Selectman Smith), minutes of RPC meeting of September 19, 2007 agenda for October 3, 2007 meeting

Town Resident George Peckham asked if the Board of Selectmen had a legal opinion from an attorney yet. Town Manager McDonald stated that it was in the hands of the Board under attorney/client privilege. Selectman Smallidge suggested to use any surplus monies to be used for legal action against the state, wanted monies put aside from the budget process.

III.    Appointments and Communications

A.      Accept with regret, resignation of James Greenlaw, Public Highway Mechanic.

The Board accepted Jim Greenlaw resignation, with much regret, and wished him much success in his retirement.

B.      Confirm appointment of John Lemoine as Deputy Harbor Master, effective October 15, 2007 at six-month probationary rate of $16.00, increasing to $16.84 after successful completion of probationary period.

Selectman Smallidge was concerned about hiring someone now in the slack season, and why the Deputy Harbor Master had to attend the Law Enforcement Academy. Selectman Mooers commented that the public likes to see the same level of training when Harbor Master Murphy is not available. Harbor Master Murphy commented that the harbor is very busy even in the winter, and he could use the help, but also training before the summer season. Selectman Smith moved to confirm the appointment, seconded by Selectman Mooers. The vote was unanimous in favor. 5-0. 

C.       Acknowledge receipt of $600.00 donation from Atwater Kent Foundation.

Accepted donation from the Atwater Kent Foundation, the Board directed the Town Manager to write a thank you letter.    

D.      Acknowledge request from Maine Clammer's Association.

No action acknowledgement of Clammer's Association Newsletter and invitation. Selectman Coombs requested that this information be forwarded to the Shellfish Committee.    

IV.     Selectman's Reports

Selectman Smallidge had questions pertaining to the budget which is a work in progress.

V.       Old Business

Items were taken out of order as recorded on the agenda and in the interest of time with guests in
attendance to discuss the topics.

VI.     New Business

A.      Approve contract with Central Protection Services to install fire alarm systems in Seal Harbor and Somesville fire stations; $5,057.41 and $3,129.60 Total $8,187.01.
        
There was considerable discussion about the Seal Harbor Fire Station. Fire Chief Bender said that the alarm would be a single pull switch, directly hooked into the system and would have instant notification from Sea Coast Security. Town Manager MacDonald commented that this alarm system would also be a benefit on our insurance coverage. Selectman Smith moved to approve the contract with Central Protection Services, seconded by Selectman Branch. The vote was unanimous in favor, 5-0.

B.      Respond to MCM Electric request to modify disposal policy at EMR.

Selectman Mooers recused himself. Discussion follows on MCM's disposal policy request. Public Works Director stated that EMR policy states for developed lots they are allowed a ton. Selectman Smith said it was a benefit to home owners with small debris. Chairman Coombs thought it was asking for trouble. A large developer could take a ton of debris in for each lot. Selectman Smallidge moved to approve the disposal request, seconded by Selectman Branch.  Motion failed 1-3, Smallidge for, Branch, Smith and Coombs against, Mooers recused.


VII.    General Issue

A.      Budget Workshop

There was considerable discussion between Town Manager and Selectman Smallidge requested historical data in 2007 column on budget worksheets. Board of Selectmen emphatically stressed that reserves will not be funded. The Board also wanted to cross reference table for accounts and totals for employee benefits.

VIII.     Other Business

A. None 

IX.        Treasurer's Warrants

Approve Treasurer's Warrant #71 for $307,164.29

A. Approved Treasurer's Warrant.


X.           Executive Session

1. Pursuant to M.R.S.A. Title 1, Ch. 13, §405.6.A Discussion or consideration of employment or appointment.

Selectman Smith moved to go into executive session Pursuant to M.R.S.A. Title 1, Ch. 13, §405.6, seconded by Selectman Branch at 7:50PM. Selectman Smith motioned to come out of executive session at 8:16PM, seconded by Selectman Branch. The vote was unanimous in favor, 5-0. No action taken.


At 8:17 p.m. Selectman Smith moved to adjourn the meeting, seconded by Selectman Mooers.  The vote was unanimous in favor. 5-0.

Respectfully submitted,


Jeffrey Smith,
Secretary