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Selectmen's Meeting Minutes - 07/10/2006
MEETING OF THE BOARD OF SELECTMEN

TOWN OF MOUNT DESERT, MAINE

Monday, July 10, 2006



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 Rick Savage, Selectmen Kathy Branch, Ernest Coombs, Jeffrey Smith; Acting Town Manager John Brushwein, Public Works Director Tony Smith; Police Chief James Willis, Harbor Master Shawn Murphy, Finance Director Brent Hamor, Fire Chief Mike Bender, Recording Secretary Ellen Kappes and members of the public.

I.      Call to order.



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







II.     Minutes



A.      Approval of minutes of Regular Meeting of June 19, 2006.



Selectman Branch corrected page 3, line 27 to read lack of a motion instead of lack or a motion and said the next meeting date listed on page 5, line 45 should be July 10, not July 3.

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

III.    Appointments and Communications



A.      Request to use Seal Harbor beach for Curry Bleakley wedding ceremony 2:00 PM, September 16, 2006.


Acting Town Manager Brushwein said he understood from legal advice that requests like the above are not something the Town should be doing unless it requires people to provide insurance under which the Town would be an also insured.  The solution is to note that the beach is public property and to say that people can be on it if they obey the laws of the Town and the State.

MOTION:  Selectman Coombs moved to take no action saying this was because the beach is a public facility but that they should obey local laws and ordinances, seconded by Selectman Branch. The vote was unanimous in favor.

Chairman Savage said the Town would send a notice that no action was required because the beach is a public place.



B.      Acknowledge receipt of Board and Committee meeting minutes: Sanitary District Steering Committee June 16, 2006;  no action required

Chairman Savage said the above would be the main topic of interest at the Summer Residents Association annual meeting in August.

C.      Maine Public Utilities Commission application for Public Interest Payphone.


Acting Town Manager Brushwein explained what the above would provide.  It’s essentially for public welfare, health and safety.  He listed criteria that the State reviews. Limited funding is available. Chairman Savage said the Board would not take any action that night.



D.      Department Head monthly reports; Highway, Police


Acting Town Manager Brushwein reviewed spray painting vandalism to a police vehicle on the nights of July 3 and 4.  Asst Fire Chief Tom Wallace and several others fixed the damage.

Chairman Savage said asked Acting Town Manager Brushwein to write to Mr. Wallace thanking him for his public service.

Public Works Director Smith answered George Peckham’s questions about the tarring work being done on Sargeant Drive.



E.      Acknowledge receipt of Monthly financials; Trial Balance, Revenue Control Report, and Appropriation Control Report

F.      Public Works Director Memo regarding resignation of wastewater treatment summer helper, Bruce MacDonald



Public Works Director Smith said they are looking for a replacement.



IV.     Selectmen Reports

Selectman Smith brought up the continuing problem at Pond’s End.  When one or two buses bring in 65 to 80 people in addition to those already there, they cause an extreme overuse of the facility.  It’s not safe or sanitary and destroys the intent of the area.  One of the bus drivers told him it was safe because they have 8 counselors. Three people have complained to Selectman Smith.  Public Works Director Smith agreed that the area is overcrowded and noted the Town has spent a lot of money on it.  The grass will go and that will cause erosion.  Possibly the problem could be solved by citing the lack of adequate sanitary facilities.

Chairman Savage noted the Town’s request to respect the area is being ignored and asked if letters were sent.  Acting Town Manager Brushwein will check on it.

Anne-Marie De Revere asked if anyone had spoken to the Executive Director of the Downeast YMCA to learn if he is aware of the problem.  Acting Town Manager Brushwein said he would contact him the next day.  Public Works Director Smith urged caution in posting signs in the area because the Town will be getting free planks from the State because of the assumption that it’s a public facility.

Gerard Haraden spoke about traffic speeding in the area and suggested putting the new traffic speed sign there from time to time.

Chairman Savage noted that Selectman Smallidge would not be at this evening’s meeting.

V.      Old Business

A.      Highway garage addition proposal, Public Works Director.

Public Works Director Smith explained what the use will be for the above addition. The Town crew will work on the construction themselves.  Acting Town Manager Brushwein said the funds would come from the buildings and maintenance budget for the highway garage.

MOTION:  Selectman Coombs moved to approve the above within the budgetary restraints of spending up to $6,000, seconded by Selectman Smith. The vote was unanimous in favor.



VI.     New Business



A.      Approve swimming pool operation and maintenance agreement with Neighborhood House and authorize Town Manager to sign agreement on behalf of the Town.


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



B.      Respond to Hospice Regatta of Maine request to conduct a “dealer” station on Saturday July 15, 2006 at Seal Harbor Pier for regatta’s sailing “poker run.”


Acting Town Manager Brushwein recommended giving the same response as the one for using Seal Harbor Beach.

MOTION:  Selectman Coombs moved to approve the above with the understanding that it is a public event and that they will conduct themselves in accordance with the rules and regulations, seconded by Selectman Branch.  The vote was unanimous in favor.



C.      Morris Yacht request to have mooring agents disperse “gift package” to visiting boaters.


A representative from Morris Yacht asked if his company could put together packets of information, such as weather reports and bus schedules, for distribution to people renting moorings.  Any business in town could put their stuff there, he said,  Chairman Savage said he would be inclined to disagree with the concept if only one business were involved.  Harbor Master Murphy asked where all the stuff would be stored and thought it would be best if it were at Morris Yacht’s.  The representative had hoped distribution could be handled at the Harbor Master’s office.  Although he thought the idea would be good for everyone, Chairman Savage thought the Town and the harbor master’s office should be kept out of the process.  He preferred to have the Mooring Agent pick the material up at Morris Yacht.  Selectman Coombs noted that if the endeavor grows too big for him, he has the option to stop.  If he wants to handle the distribution, Selectman Coombs would tell him to go ahead.  Chairman Savage said the request does not require a vote from the Board.



D.      Award float bids/ Disposition of remaining floats.


Acting Town Manager Brushwein said only one bid for two of the 12 floats had been received.  He suggested letting other town or towns have the remaining 10 floats if they were interested and would to come get them.  Harbor Master Murphy said Cranberry Isles would take 6 or 8 of them.

MOTION:  Selectman Savage moved to accept the $75 bid from Howard Goodwin and to offer the rest of the floats to other municipalities, seconded by Selectman Coombs.  The vote was unanimous in favor.

E.      Public Works Director request to accept proposal to reset Town Office granite stairs.


Public Works Director Smith said his department received three proposals from two contractors.  He reviewed the bids. He recommended that the Town accept the more expensive one because a longer lasting job would be done. The budgeting for and time of the job was discussed. 

MOTION:  Selectman Coombs moved to accept the higher bid for the higher quality job from Mount Desert Granite and Bricks for $16,868, to be done as soon as possible or after Labor Day, and to release $11,868 from the Town Building reserve account #2760, seconded by Selectman Smith.  The vote was unanimous in favor.

F.      Authorization of sale of surplus fire equipment.



MOTION:  Selectman Coombs moved to put into motion the bid process for the above, seconded by Selectman Smith.  The vote was unanimous in favor.

VII.    General Issues



Acting Town Manager Brushwein said Public Works Director Smith sent him a memo that afternoon about finding an area to dispose of fill from various Town projects. The site being looked at now is off Rte 198 on property housing the Town Garage.  Public Works Director Smith said his department was in contact with the DEP because of a small stream in the area.



MOTION:  Selectman Smith moved to authorize Public Works Director Smith to put together an application for the Planning Board to get approval to put fill in the mentioned area, seconded by Selectman Coombs.  The vote was unanimous in favor.

Public Works Director Smith brought Selectmen up to date on his search for a new mechanic.

Harbor Master Murphy asked if it would be ok to let Cranberry Island have the 5MPH wake buoy which was replaced by a new one.  Board members thought it was fine.  Chairman Savage said no action by them was required.



VII.    Other Business

IX.  Treasurer’s Warrants



Treasurer’s Warrants: #52 for $320,908.23, #53 for $257,322.31; #55 for $1,608,269.58.



Signed as presented.



X       Executive Session



Executive Session – To deliberate over an abatement pursuant to 36 M.R.S.A. §841 (2).



Acting Town Manager Brushwein said this was being postponed until the next meeting.

At 7:26pm Selectman Branch moved to adjourn the meeting, seconded by Selectman Coombs.    The vote was unanimous in favor.

Respectfully submitted,





Jeffrey Smith

Secretary




Adjournment.  The next regularly scheduled meeting is Monday, July 24, 2006 at 6:30 P.M. in the Community Room, Seal Harbor Fire Station.