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Selectmen Meeting Minutes - 07/06/15
Town of Mount Desert
Board of Selectmen
Meeting Minutes
July 6, 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, and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, CEO Kimberly Keene, Harbormaster John Lemoine, Public Works Director Tony Smith, Police Chief Willis, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.  Selectman Tom Richardson was excused.

I.      Call to order at 6:00 p.m.
Chairman Macauley called the meeting to order at 6:00 p.m.

II.     Executive Session
A.      Pursuant to 1 MRS § 405(6)(E) Board to confer with legal counsel concerning the legal rights and duties of the Board pending or contemplated litigation, and/or settlement offers.

MOTION:  At 6:02 p.m., Chairman Macauley moved, seconded by Selectman Hart, to enter into Executive Session pursuant to 1 MRS § 405(6)(E) Board to confer with legal counsel concerning the legal rights and duties of the Board pending or contemplated litigation, and/or settlement offers.  The vote was in favor, 4-0.

MOTION:  At 6:10 p.m., Selectman Shubert moved, seconded by Selectman Hart, to end the Executive Session.  The vote was in favor, 4-0.

MOTION:  Selectman Dudman moved, seconded by Selectman Shubert to approve and sign the Administrative Consent Agreement between the Town of Mount Desert and Merchant Way Properties, LLC.  The vote was in favor, 4-0.

B.      Pursuant to 1 M.R.S.A. §405(6)(A) review request from employee for leave without pay

MOTION:  At  6:10 p.m., Selectman Shubert moved, seconded by Selectman Dudman, to enter into Executive Session pursuant to 1 M.R.S.A. §405(6)(A) to review request from employee for leave without pay.  The vote was in favor, 4-0.

MOTION:  At 6:13 p.m., Selectman Dudman moved, seconded by Selectman Shubert to end the Executive Session.  The vote was in favor, 4-0.

MOTION:  Selectman Hart moved, seconded by Selectman Shubert, to approve leave without pay as requested from an employee.  The vote was in favor, 4-0.

III.    Public Hearing(s)
A.      None

IV.     Minutes
A.      Approval of minutes from June 15, 2015 meeting.

MOTION:  Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from June 15, 2015 meeting.  The vote was in favor, 4-0.

VI.     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: Fire Department
B.      Hancock County Commissioners Meeting Minutes June 2, 2015
C.      PERC Draft Waste Disposal Agreement & Schedule A
D.      MRC Update on PERC & USA Energy LLC
E.      Federal Payments in Lieu of Taxes $24,470 and $3,542

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to accept the Consent Agenda as presented.
Selectman Shubert asked to address item C. and asked Public Works Director Smith if it was included for informational purposes only, and the reply was yes.
The vote was in favor, 4-0.

V.      Appointments/Recognitions/Resignations
A.      Confirm Appointment of Natasha Johnson as Finance Clerk at $20.43/hr effective July 20, 2015

MOTION:  Selectman Hart moved, seconded by Selectman Shubert, to confirm the appointment of Natasha Johnson as Finance Clerk at $20.43/hr effective July 20, 2015.  The vote was in favor, 4-0.
DISCUSSION:  Selectman Shubert asked for a brief synopsis of Mrs. Johnson’s experience.  Town Manger Lunt gave an overview of her résumé which includes four years as cashier/accounts payable clerk using the Munis software system for the Town of Bar Harbor, degrees in Marine Biology and secondary Science Education, and a strong tie to the Town of Mount Desert with family roots Seal Harbor.  He noted she is working toward a degree in accounting.
VOTE:  The vote was in favor, 4-0.

B.      Confirm Appointment of Hollis Dow as Public Works Laborer at $13.00/hr effective July 7, 2015

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to confirm the appointment of Hollis Dow as Public Works Laborer at $13.00/hr effective July 7, 2015.  The vote was in favor, 4-0.

C.      Confirm Appointment of Michael Jordan as Alternate Code Enforcement Officer at $20/hr

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to confirm the appointment of Michael Jordan as Alternate Code Enforcement Officer at $20/hr. effective July 7, 2015.  The vote was in favor, 4-0.

D.      Confirm Appointment of Lisa Lyn Parsons to the Events Committee

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to confirm the appointment of Lisa Lyn Parsons to the Events Committee.  The vote was in favor, 4-0.

VII.    Selectmen’s Reports
Selectman Hart asked the Board to contribute to the cost of refreshments for the Broadband public meeting to be held July 14th.   Economic Development Consultant Jackie Hewett suggested $800 for 150 people.
MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to contribute up to $800 from the Board of Selectmen Contingency Account 1220001-59350 toward refreshments for the Broadband public meeting to be held July 14th.
DISCUSSION:  Selectman Dudman said $800 for refreshments seemed excessive; she doubts 150 people will attend.
MOTION:  Selectman Dudman moved, seconded by Selectman Shubert, to amend the main motion to contribute up to $500 from the Board of Selectmen Contingency Account 1220001-59350 toward refreshments for the Broadband public meeting to be held July 14th.
VOTE:  The vote on the amended motion was in favor, 4-0.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to take VIII Old Business C Banking and Investment Services Proposals out of order.  The vote was in favor, 4-0.

VIII.   Old Business
C.      Banking and Investment Services Proposals, Review
Six representatives from Bar Harbor Banking & Trust were present.  Town Auditor James Wadman was present and reviewed the matrices with the Board.  Issues such as monthly fees for general services required, target balances vs minimum balances, whether or not interest bearing funds are at a fixed rate for 5 years, and passive investing were touched upon.

Board agreed more information is needed even before it decides to narrow the field for interviewing (initial plan was to interview three banks).

After Treasurer Mahar returns from vacation, Town Manager Lunt will ask her to compile average balances for the past several years; and he will contact the Investment Committee for a meeting and ask them to weigh in on the passive/aggressive investing.

When asked if they wanted to comment, Bar Harbor Bank & Trust representatives assured the Board of their key relationship with the Town and its importance in the community; and that they can accommodate passive and/or aggressive investments.  It was also pointed out that supporting businesses in town kept with the Town’s efforts toward economic development.

A.      Kindle, LLC Easement Amendment

MOTION:  Selectman Dudman moved, seconded by Selectman Hart, to accept and sign the Kindle, LLC Easement Amendment as presented and approved at the May 5, 2015 Annual Town Meeting.  The vote was in favor, 4-0.

B.      Tilson Technologies Broadband Survey Agreement and Exhibit A

MOTION:  Selectman Dudman moved, seconded by Selectman Hart, to accept the Tilson Technologies Broadband Survey Agreement and Exhibit A as presented and authorize the Town Manager to sign the Agreement.  The vote was in favor, 4-0.

D.      Use of Public Spaces Policy, Discussion
Town Manager Lunt opened the discussion by describing the current Village Green Special Event Policy for the green area near the Northeast Harbor Marina.  He suggested the Board and Societies could use this policy as a template to develop policies for other Town owned public spaces, such as the Seal Harbor village green.  The point was made that each village is very different from each other; therefore, the policies will also be different.

Other than the Policy for Northeast Harbor Village Green, there are no guidelines for users.  Permission to use is obtained through the Town Manager who verbally states there is no specificity, and no alcohol allowed.

Board agreed it supports the idea of a plan and wants to work with the Village Improvement Societies and Associations.  Selectman Shubert volunteered to contact them for a meeting.

IX.     New Business
A.      Authorize Insurance Reimbursement into Public Works Equipment Reserve CIP 4050100-24500

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to authorize an insurance reimbursement check in the amount of $9,200 for a 1990 International dump truck be credited into Public Works Equipment Reserve CIP 4050100-24500.  The vote was in favor, 5-0.

B.      Discussion of Police Outside Details
Police Chief Willis was present and explained the current outside details which he places under the category of reimbursed work orders.  Three years ago he had an Executive Session with the Board to discuss the charges and pay, for this already existing service, due to an unusual request involving a big commitment of personnel.  Rates and terms were established; although “security” may be a misnomer - it was used simply to distinguish between the two different rates [one of which is no longer used].  He further described some of the details mentioning cocktail parties, dances, etc.  When asked how the details are assign, Chief Willis explained the jobs are posted and officers sign-up; however, the work is managed to even out the hours.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to authorize the Police Department to continue the outside details under the standing plan.  The vote was in favor, 4-0.

C.      Authorization to Solicit Bids for the Replacement of Harbor Truck

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to authorize the Harbormaster to solicit bids for the replacement of the Harbor truck.  The vote was in favor, 4-0.

D.      Approval and Signing of Hedefine Construction Administration Proposal

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to approve Hedefine Construction Administration and Site Observation Services Proposal in the amount of $27,700 for the Otter Creek Fire Pond dredging project, including sidewalk construction; and to authorize Public Works Director to sign the proposal.  The vote was in favor, 4-0.

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

X.      Treasurer’s Warrants
A.      Approve & Sign Treasurer’s Warrant 1577 and 1579 in the amounts of $254,149.80 and $2,142.25, respectively
B.      Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1575, AP1576, AP1578, PR 1554, PR1555, and PR1556/1601 in the amounts of $5,746.45, $3,480.94, $5,841.56, $48,429.70, $51,648.23, and $54,534.14, respectively
C.      Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 14 and 26 in the amounts of $24,031.14 and $148,372.51, respectively

MOTION: Selectman Hart moved, seconded by Selectman Shubert, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $598,376.72.  The vote was in favor, 4-0, except that Chairman Macauley abstained on School Board Payroll Warrant 26 from which he was paid.

XI.     Adjournment

MOTION:  At 7:31 p.m., Selectman Shubert moved, seconded by Selectman Hart, to adjourn the meeting.  The vote was in favor, 4-0.


Respectfully submitted,




Matthew J. Hart, Secretary