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Board of Selectmen Minutes 12/04/2006
TOWN OF TREMONT
REGULAR SELECTMEN’S MEETING
TREMONT COMMUNITY BUILDING
MONDAY, DECEMBER 4, 2006
6:00 PM

1.      CALL TO ORDER
The December 4, 2006 Regular Selectmen’s Meeting was called to order by Chairman Scott Grierson at 6:00 pm.

2.      ROLL CALL
Present were Chairman Scott Grierson, Selectmen Charlie Dillon, Heath Higgins, Kathi Thurston, and Chris Eaton, Recording Secretary Debbi Nickerson, Town Manager Millard Billings, and Harbor Master Stewart Murphy.
Members of the Harbor Committee present were Chairman David Schaefer, Mike Ryan, Jon Crossman, Diane Miller, Mel Atherton, Art Paine and Irving Spencer.
Members of the public present were Mark Good – Islander, Gary Geaghan, William Fernald, William Carroll, Nathan Carroll, and Laurie Schreiber – Bar Harbor Times.

3.      ADJUSTMENTS/ADOPTION OF AGENDA
        None

4.      APPROVAL OF MINUTES
        A.      Minutes of November 20, 2006
Motion made by Selectman Charlie Dillon, with second by Selectman Chris Eaton, to accept the minutes of November 20th as written.  Chairman Scott Grierson asked to have the section about the new town office changed to reflect the fact the town manager was on vacation during the storm and subsequent discussion.  Motion failed 0-4-1.  Selectman Heath Higgins abstained; he was not at the original meeting.
Motion made by Selectman Charlie Dillon, with second by Selectman Heath Higgins, to table the minutes of November 20th for rewording of the update new town office.  Motion passed 5-0.

5.      APPROVAL OF WARRANTS
        Warrant 64      7,649.92
        Warrant 65      14,409.47
        Warrant 66      59,503.00
        Warrant 67      19,582.71
        Warrant 68      712.50
        Warrant 69      104,922.94
        Warrant 70      15,552.73
        Motion made by Selectman Charlie Dillon, with second by Selectman Heath Higgins, to approve Warrants 64 – 70.  Motion passed 5-0.

6.      NEW BUSINESS
        A.      UPDATE NEW TOWN OFFICE
Town Manager Millard Billings told the Selectmen the new town office is continuing on schedule.  The elevator inspection is scheduled for December 12, 2006.  A Stanley representative and the State Inspector will be there for the inspection.  The siding people are scheduled to be there Wednesday.  Town Manager Billings suggested closing the present town office on Thursday, December 14th, and Friday, December 15th.  He felt more than one day would be needed to get the office up and running by Monday, December 18th.  The Selectmen agreed with this plan.  Selectman Heath Higgins asked to have the closings listed on the sign out front.  Friday at 9 am is the scheduled walk-through.  Public Works is installing shelving in the vault.  A sign similar to what is out front of the Gym is $4,000.00 with out the frame work.  A LED sign is at least $15,822.93, complete.

        B.      ABATEMENT REQUESTS
1.      To see if the Board of Selectmen will vote to refund two tax abatements that were issued by the Tax Assessor.  Gary Geaghan, the Town’s Assessor, recommended the Selectmen approve the refunds.
        The Board approved Warrant 65 for the tax abatement refund checks.
        Chairman Scott Grierson read a letter written by Paula Ingalls (see attached).  He then asked Mr. Geaghan to explain the discrepancy.  Gary Geaghan said he had chosen to not take the Resource Protection Zone into account because the property has “so many significant positives and is so unique that it should be taxed and valued at the higher waterfront value.”  Mr. Geaghan assured the Selectmen this was the only property he had made that decision on.
        Chairman Scott Grierson asked if this decision would affect other property.  “No,” was Mr. Geaghan’s reply.
2.      To see what action if any the Board wishes to take in regards to a letter requesting abatement in property valuation for prior years.  
        Mr. Geaghan explained this is clearly an error in assessment and the Selectmen can not grant abatement and neither can the assessor (see attached).  Selectman Kathi Thurston asked to be sure Mrs. Ingalls would receive a response to the letter she wrote.  Town Manager Millard Billings assured her Mrs. Ingalls has received a response by him at a meeting in the Town Office.  Mrs. Ingalls also spoke to Mr. Geahgan on November 24, 2006.  
3.      To see if the Board will abate a 2005 tax lien issued in error to a person who did not own the property.  Town Manager Millard Billings explained a lien has been placed for unpaid 2005 property taxes for a building that was not owned by the person assessed the taxes (see attached).
        Motion made by Selectman Kathi Thurston, with second by Selectman Heath Higgins, to grant an abatement to Timothy Fallon in the amount of $56.35 for 2005 taxes.  Motion passed 5-0.

        C.      WHARF HOUSE RENT
A request to rent the Wharf House for $700.00 has been received (see attached).  The Selectmen asked Town Manager Billings to check the references and agreed to a one year lease, as well as first and last months rent and $700.00 a month.

Motion made by Selectman Charlie Dillon, with second by Selectman Heath Higgins, to leave the agenda and go to 7. A. Harbor Management Issues.  Motion passed 5-0.

7.      OLD BUSINESS
A.      HARBOR MANAGEMENT ISSUES
Chairman Scott Grierson read a letter from William Carroll (see attached).  Chairman Scott Grierson then explained to the Board that William Carroll had taken his issue about his mooring to the Harbor Committee and didn’t receive satisfaction, so he is bringing his issue to the Selectmen.  Chairman Scott Grierson then explained to Mr. Carroll that he didn’t know what action the Selectmen could take.  Harbor Master Stewart Murphy explained that he started in the upper section of the Harbor reassigning idle moorings and he did tell Mr. Carroll that he was not near his mooring.  As the summer wore on, Harbor Master Murphy moved down the harbor eventually taking Bill Carroll’s mooring and assigned it to someone else.  Selectman Kathi Thurston said she had a problem with enforcing an ordinance that had not been enforced previously.  Harbor Master Stewart Murphy discovered Harbor Master Bruce Mac Quaid had reassigned four mooring in 2004 and a prior Harbor Master had reassigned a mooring belonging to the Higgins Family.  Chairman of the Harbor Committee David Schlaefer pointed out that Harbor Master Murphy has the authority to take any mooring he deems necessary.  Selectman Kathi Thurston said the only part that she has concerns with the fact that the Harbor Master told Mr. Carroll he was OK; Mr. Carroll didn’t need to worry about his mooring.  Harbor Committee Member Mike Ryan assured the Selectmen no one wanted to take moorings, but if they have not been used as required in the Ordinance their mooring will be taken and given to someone that will use it.  Chairman Scott Grierson asked if the Harbor Committee was the appeal board for the Harbor Master.  Mr. Ryan explained that yes the Harbor Committee does handle any appeals that arise from the Harbor Master.  Chairman Grierson asked what is the appeals process.  Harbor Committee Chairman David Schlaefer explained the Harbor Committee is the appeals board for the Harbor Masters decisions.  Chairman Grierson asked if some one is dissatisfied with the Harbor Committee decision what is the next step?  Harbor Committee Member Mike Ryan pointed out that Harbor Master Stewart Murphy, according to State Law, is the ultimate authority and does not have to do what the Committee suggests.  Chairman Grierson asked again if some one is dissatisfied with the Harbor Committee decision what is the next step?  Harbor Committee Member Mike Ryan explained the Harbor Committee does not have the authority to over rule the Harbor Master.  Selectman Charlie Dillon said the step after the Harbor Committee is the Court System.  The Harbor Committee gave the Selectmen tentative proposed changes to the Harbor Management Ordinance (see attached).  Selectman Kathi Thurston voiced a desire to meet with all the town’s boards once a year.

8.      AGENDA ITEM 6. D. APPOINTMENTS
Motion made by Selectman Heath Higgins, with second by Selectman Kathi Thurston, to appoint Mark Fink to the Warrant Committee.  Motion passed 5-0.
Motion made by Selectman Heath Higgins, with second by Selectman Chris Eaton, to appoint Maynard Young to the Planning Board.  Motion passed 5-0.

9.      AGENDA ITEM 6. E. OFFICE OPERATIONS
Town Manager Millard Billings gave the Selectmen a copy of the policies the Selectmen have adopted (see attached) and a copy of the State Law governing selectmen’s behavior towards town employees (see attached0 and the Powers and duties of the town manager (see attached).    

10.     AGENDA ITEM 6. F. TOWN MANAGERS REPORT
        Town Manager Millard Billings said the Wharf Fine of $400.00 has been paid.  

Hanover Insurance Company has requested the Selectmen release a bond for $30,000.00 for Harold Mac Quinn Inc. for the leach field improvements.  
Motion made by Selectman Kathi Thurston, with second by Selectman Heath Higgins, the Board of Selectmen release the bond for Harold Mac Quinn for leach field improvements.  Motion passed 5-0.

Town Manager Millard Billings received a letter from Trio Software Corp. the Town’s computer program supplier.  Trio has been bought out by Harris Computer System.  According to the letter sent to Mr. Billings most of the Trio staff will be staying.  

Motion made by Selectman Charlie Dillon, with second by Selectman Chris Eaton, to authorize the town manager to continue the contract with Small Animal Clinic.  Motion passed 5-0.

Chairman Scott Grierson asked how everything went with the storm.  Town Manager Millard Billings said he called out the trucks when a resident phoned with the news it was snowing in Seal Cove while raining in Bass Harbor.  Everything was handled well.

10.     AGENDA ITEM 7. B. ACQUISITION OF PROPERTY
Motion made by Selectman Heath Higgins, with second by Selectman Kathi Thurston, that this meeting go into executive session pursuant to Title 1 MRSA §405(6) C to discuss the acquisition or disposition of real property or interest there in because premature disclosures of the information could prejudice the bargaining position of the Select Board.  Motion passed 5-0.  The Selectmen went into executive session at 8:05 pm.

Motion made by Selectman Heath Higgins, with second by Selectman Kathi Thurston, to leave executive session and return to the regular meeting.  Motion passed 5-0.  The Selectmen came out of executive session at 8:43 pm.

11.     AGENDA ITEM 8. SUGGESTIONS/COMMENTS FOR NEXT MEETING
        The next meeting will be held at the new town office.

12.     AGENDA ITEM 9. OTHER
Chairman Scott Grierson asked if Town Manager Billings had gotten in touch with Norman Closson [about the Alwives].  Mr. Billings is still trying.

Selectman Kathi Thurston asked about the flag pole down at the Wharf.  Town Manager Billings assured her the flag pole is in the Garage and the Chairman of the Harbor Committee is working out the placement.
        
13.     AGENDA ITEM 10. SET DATE FOR NEXT MEETING
        December 18, 2006

14.     AGENDA ITEM 11. ADJOURN
Motion made by Selectman Heath Higgins to adjourn.  The Selectmen Meeting was adjourned at 8:51 pm.

Respectfully Submitted,

Debbi Nickerson
Recording Secretary



_________________________                               ___________________________
Scott Grierson                                                          Charlie Dillon




__________________________                      ____________________________
Heath Higgins                                                           Katharine Thurston





__________________________              
Chris Eaton