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Selectmen Meeting Minutes - 05/20/15
Town of Mount Desert
Board of Selectmen
Meeting Minutes
May 20, 2015

A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.

Those present included:  Chairman John Macauley; Selectmen Martha Dudman, Matt Hart, Tom Richardson and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Harbormaster John Lemoine, Fire Chief Mike Bender, Police Chief Jim Willis, Police Lt Kevin Edgecomb, Bar Harbor Police Lt David Kerns, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.

I.      Call to order at 6:35 p.m.
Chairman Macauley called the meeting to order.

II.     Public Hearing(s)
None

III.    Minutes
A.      Approval of minutes from May 5, 2015 meeting.

MOTION: Selectman Hart moved, seconded by Selectman Richardson, to approve the minutes from May 5, 2015 meeting.  The vote was in favor, 4-0.

MOTION:  Selectman Richardson moved, seconded by Selectman Hart, to take VIII. New Business A. out of order.  The vote was in in favor, 4-0.

VIII.   New Business
A.      Presentation and Review of the FY2013-2014 Audit
Treasurer Mahar spoke to the delay in the presentation of the audit.  She described the transition year from Trio software to Munis which resulted in new, lengthy procedures for processing payroll and accounts payable.  The implementation of the new software took a great deal more time than anyone anticipated, causing routine daily work to be impeded.  Treasurer Mahar spoke highly of James Wadman and his staff, particularly Kelley Bowden.  She is confident we are in a good place to move forward; the audit is spot on with insignificant adjustments.

Auditor James Wadman and Kelley Bowden were present.  Mr. Wadman went through the report describing in general the bulk of the report; for instance, pages 1-37 are required format in any governmental entity and provide consistency.

He referenced the “Significant Deficiencies and Material Weaknesses” and agreed with Treasurer Mahar regarding the complications from the new software; it’s good, but took time to implement, which set everyone back months.

Selectman Shubert noted the 2% error rate, which relates to a good job with budgeting.  He stated we are in a good place.  Mr. Wadman concurred, and added it bespeaks of good management.

Board thanked Mr. Wadman and staff.

MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to accept the FY2013-2014 audit as presented.  The vote was in favor, 5-0.


IV.     Appointments/Recognitions/Resignations
A.      Annual Employee Appointments

MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to approve the annual Employee Appointments as presented.  The vote was in favor, 5-0.

B.      Annual Board and Committee Appointments

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to approve the annual Board and Committee Appointments as presented.  The vote was in favor, 5-0.

C.      Accept Resignation from Police Officer Dana Austin effective April 26, 2015

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to accept the resignation from Police Officer Dana Austin effective April 26, 2015.  The vote was in favor, 5-0.

D.      Confirm Appointment of Theodore Cake effective June 1, 2015 as Full-Time Police Officer at a pay rate of $19.25 per hour

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to confirm the appointment of Theodore Cake effective June 1, 2015 as Full-Time Police Officer at a pay rate of $19.25 per hour.  The vote was in favor, 5-0.

E.      Confirm Appointments of Summer Dock Hands and Boat Launch Operators as presented

MOTION:  Selectman Richardson moved, seconded by Selectman Hart, to confirm the appointments and rates of pay for Summer Dock Hands and Boat Launch Operators as presented.  The vote was in favor, 5-0.

F.      Recognize Thank-you’s to Town Manager Lunt regarding Boston Post Cane

MOTION:  Selectman Dudman moved, seconded by Selectman Richardson, to recognize Thank-you’s to Town Manager Lunt regarding Boston Post Cane presentation.  The vote was in favor, 5-0.

V.      Consent Agenda (These items are considered routine, and therefore, may be passed by the Selectmen in one blanket motion.  Board members may remove any item for discussion by requesting such action prior to consideration of that portion of the agenda.)
A.      Department Reports: Waste Water Treatment Plant, Fire, and Public Works
B.      Board of Selectmen Meeting Schedule 2015-2016
C.      Holiday Schedule 2015-2016
D.      Veteran’s Memorial Maintenance
E.      Wayfinding Sign Update
F.      Planning Board Minutes April 8, 2015 and April 22, 2015
G.      Hancock County Commissioners Minutes April 7, 2015
H.      Dept. of Education Audit Report Extension for MDES
I.      Citizen Concerns regarding Quarrying License Ordinance
J.      Municipal Review Committee Quarterly Distribution
Selectman Dudman asked to address items H and I.  She wondered if the School audit issue has been resolved, and asked that, in the future, the Board be informed if a first letter is sent.  As for item I, Chairman Macauley assured her that the issued has been resolved.

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to accept the Consent Agenda as presented.  The vote was in favor, 5-0.

VI.     Selectmen’s Reports
None presented.

VII.    Old Business
A.      Municipal Review Committee Post-2018 Solid Waste Management, update
Public Works Director Smith referred to the April 2015 MRC newsletter which provides information about the MRC, PERC, the trash-to-energy facility located in Orrington, and an alternative for post-2018, the new Fiberight technology.

He highlighted the attributes of Fiberight, including expanded recycling.  Eventually member towns will be asked to sign a new agreement with MRC.  Currently, no action required from the Board.

B.      Mobile Vendor Application and License
Town Manager Lunt indicated that the Annual Town meeting vote will stand and suggested the Board move forward with the process.  The application format needs to be approved and a fee schedule set.  He noted the Economic Development Committee proposes not having sites in Seal Harbor or at Bartletts Landing this year.

Selectman Dudman advocated setting the license fee at $250 based on a recommendation from the town’s Economic Development Consultant, who described this as a typical fee in other Maine towns.  Citizen Jim Bright asked how the Board could agree to charge less than the $1,000 charged to lobster dealers using the wharf.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to approve the Mobile Vendor Application as presented, set the license fee at $250, and restrict the issuance of licenses to Northeast Harbor.  The vote was in favor, 4-1 with Selectman Richardson voting against.  He stated he thinks the fee should be higher.

Mr. Bright agreed the fee is low; tour boats are charged $600±.  Chairman Macauley reminded everyone that the Board can revisit this issue at any time, if needed.

VIII.   New Business, continued
B.      Village Green Special Event Application - Lelania Harpal Kaur Avila, Yoga Class

MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to approve the Village Green Special Event application from Lelania Harpal Kaur Avila for Yoga Classes.  The vote was in favor, 5-0.

C.      Approve Liquor License Renewal Application – Elmer Beal Jr. and B. Allison Martin d/b/a Burning Tree Restaurant

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to approve the Liquor License Renewal Application from Elmer Beal Jr. and B. Allison Martin d/b/a Burning Tree Restaurant.  The vote was in favor, 5-0.

D.      Event Committee Requests for Three Thursday Night Events July and August 2015

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to approve the Event Committee Requests for three Thursday night events in July and Auust 2015 as described in a Memo dated April 27, 2015 from Economic Development Consultant Jacqueline Hewett.  The vote was in favor, 5-0.

E.      Authorize Release and Expenditure for Radio Equipment to participate in Memorandum of Understanding with Sheriff’s Office of Hancock County and Bar Harbor

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to authorize the release and expenditure of up to $6,000 from reserve account #4040800-24406 for the purchase of radio equipment to participate in a Memorandum of Understanding (MOU) with the Hancock County Sheriff’s Office and Bar Harbor Police Department, and authorize Police Chief Willis to sign the MOU.

DISCUSSION:  Police Chief Willis first introduced Lt Edgecomb and Bar Harbor Police Lt David Kerns, then gave an overview of the history, current status, and need for the radio equipment.

VOTE:  The vote was in favor, 5-0.

Chief Willis gave the Board a heads up that talk is resuming about communication issues and solutions for the Fire Department and Public Works.  It’s a monumental task that involves a lot of money; we either continue to “get by” or tackle the problem.  Selectmen Richardson and Shubert agreed it begins with dispatch.

F.      Approve Mutual Aid Agreement for Policing Services between the Communities of Bar Harbor and Mount Desert
After a lengthy and detailed report from Police Chief Willis, based on his Memorandum dated May 12, 2015:

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to enact the proposed Mutual Aid Agreement for Policing Services between the communities of Bar Harbor and Mount Desert as presented tonight [redline version]; repeal the two existing Mutual Aid Agreements between Mount Desert, Bar Harbor & Southwest Harbor and Mount Desert, Southwest Harbor & Tremont; direct Chief Willis to work with Southwest Harbor and Tremont to develop new Mutual Aid Agreements; and acknowledge that all Police Officers within the Mount Desert and Bar Harbor Police Department will be commissioned as Deputy Sheriff’s.  The vote was in favor, 5-0.

G.      Mount Desert Island Regional School District Trustee, discussion
Town Manager Lunt explained the dilemma of not having a nominee and the fact that the winning write-in candidate has declined to serve.  No one has exhibited interest.  Selectman Dudman suggested asking people attending the Town Meeting.  Otherwise, the position will remain vacant until the next Annual Town Meeting election [May 2016].

H.      Such other business as may be legally conducted
None presented.

IX.     Treasurer’s Warrants
A.      Approve & Sign Treasurer’s Warrant AP1568 in the amount of $388,375.17
B.      Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1568, AP1569, OR1546, PR1547, PR1548 in the amount of $4,636.05, $3,331.56, $29,046.33, $428.41, & $47,414.38, respectively
C.      Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 12 & 23 in the amounts of $61,454.98 & $56,863.85

MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $591,550.73.  The vote was in favor, 4-0-1 with Chairman Macauley abstaining due to the fact he is being paid in School Board Payroll Warrant 23.

X.      Executive Session
A.      None

XI.     Adjournment

MOTION:  At 8:10 p.m., Selectman Shubert moved, seconded by Selectman Richardson, to adjourn the meeting.  The vote was in favor, 5-0.


Respectfully submitted,



Matthew J. Hart,
Secretary