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Selectmen Meeting Minutes - 09/19/16
Town of Mount Desert
Board of Selectmen
Agenda

Regular Meeting
Monday, September 19, 2016
Location: Meeting Room, Town Hall, Northeast Harbor

  • Call to order at 6:30 p.m.
        Chairman Macauley called the meeting to order at 6:30.

II.     Public Hearing(s)
  • General Assistance Ordinance Amendments
Chairman Macauley asked for public comment.  There was none.

III.    Post Public Hearing
  • General Assistance Ordinance Amendments, action if necessary
MOTION:  Selectman Shubert moved, with Selectman Dudman seconding, to adopt the General Assistance Ordinance Amendments as presented.  Motion approved 5-0.

IV.     Minutes
September 6, 2016:  
MOTION:  Selectman Shubert moved, with Selectman Reilly seconding, to approve the Minutes as presented.  Motion approved 5-0.

V.      Appointments/Recognitions/Resignations
  • Resignation of G. Gibson McCullagh as On-Call Firefighter
MOTION:  Selectman Shubert moved, with Selectman Hart seconding, to accept the resignation of G. Gibson McCullagh as On-Call Firefighter with regret.  Motion approved 5-0.

VI.     Consent Agenda
  • Department Reports:  Wastewater
  • Note of Appreciation for Tony Smith from Rick Fuerst
  • Message of Appreciation for Lt. Kevin Edgecomb from Susan Tibbetts Seavey
  • Thank you to TOMD Fire Department from US Coast Guard, Captain M.A. Baroody
  • Thank you to the Town from LifeFlight Foundation
MOTION:  Selectman Shubert moved, with Selectman Reilly seconding, to approve the Consent Agenda as presented.  Selectman Dudman made special note of the letter from Susan Tibbetts Seavey.  Motion approved 5-0.

VII.    Selectmen’s Reports

Selectman Dudman inquired about having the Planning Board Chairman attend a Board of Selectman meeting to discuss progress on the quarry situation as had been mentioned at the last meeting.  Town Manager provided a short summary of the progress made.  Selectman Dudman felt it would be helpful to get an update.  It was agreed to invite Planning Board Chairman Hanley to one of the October meetings for an update.

Chairman Macauley reported that the Otter Creek quarterly meeting was held the week prior.  Townspeople have requested a permanent flashing speed sign, preferably at either end of the village.  Police Chief Willis stated the Department of Transportation would be willing to sell the units to the Town.  He thought the cost was $3,000 to $5,000 each.  Plus additional recurring maintenance costs.  Selectman Shubert felt it might be money well spent.   Police Chief Willis reminded the Board he and Public Works Director Smith are working on a comprehensive review on potential traffic calming measures.  He hoped the Board would review the recommendations from the review prior to making purchasing decisions.  

Chairman Macauley reported on the Otter Creek boat ramp.  He asked if there were any way to modify the sign currently there to warn users that it was a tidal ramp and not always easily accessible.  A kiosk with the tidal tables was suggested as well.

Chairman Macauley asked if it were possible to know when the Park Commission meetings were scheduled and what issues were being addressed at these meetings.  Receiving Minutes from the meetings would be good.  Town Manager Lunt mentioned it can take a lengthy amount of time for the Minutes to be distributed.  Selectman Reilly inquired when the term limits were up for the current representative.  Town Manager Lunt noted the current representative had been on the Commission since 1986.  Congress approves new members.  Selectman Reilly suggested the current representative could come to a meeting and report.

VIII.   Old Business
MOTION:  Selectman Dudman moved, with Selectman Shubert seconding, to take an agenda item out of order, moving discussion of Item IX. B before Old Business.  Motion approved 5-0.

  • Public Space Special Event Application – Brooke Taylor Swanson Wedding Reception; Seal Harbor Village Green, August 12, 2017
It was found that a new Special Event Application had not been submitted.  No action was taken.

  • Public Safety Years of Service Plan
Town Manager Durlin Lunt reported he had been doing research and provided a list of Towns with the 2C plan and Towns with the 4C plan.  He is still awaiting the cost estimates from Maine Pers for the 4C plan.  Mr. Lunt is trying to ascertain who has the authority to approve the plan.  Maine Municipal felt approval would have to be obtained at Town Meeting.  Mr. Lunt’s also asked the Town attorney for an opinion.  

Selectman Shubert felt the retrograde funding of the account should go to Town Meeting for approval.  If it did get delayed to Town Meeting, the employees would not lose any benefit.

MOTION:  Selectman Shubert moved, with Selectman Reilly seconding, to table the issue.  Motion approved 5-0.

  • Discussion of proposed changes to the Personnel Manual for Retirement Plans and Employee Compensation
Selectman Shubert felt that there were significant changes and asked how best to address the issues.  Selectman Reilly mentioned the proposed changes were not in this meeting’s packet, and so he hasn’t had a chance to review.  Selectman Dudman agreed.  It was suggested the item be tabled.

Police Chief Willis noted that several employees have been in attendance at two meetings waiting to hear discussion on the issue.  It was regrettable that the Board was not able to discuss the issue.  

Selectman Hart felt additional information was necessary as well.  He would like more information on the Cost of Living Adjustments in other Towns.  Mr. Lunt noted there was COLA information included in previous surveys.  Selectman Hart agreed COLA numbers had been presented, but he’d like a little more detail to explain them.  

After some discussion, Selectman Shubert suggested the Board discuss the salient points with the understanding that no decision would be made until a later meeting.  He began the discussion with the proposed elimination of performance evaluations.  

Town Manager Lunt pointed out performance evaluations would not be eliminated, but would no longer be a means of determining compensation.  Mr. Lunt noted that union employees do not have performance evaluations.  Initially, it was suggested that performance evaluations for non-union employees be eliminated completely.  Town employees requested evaluations be kept as a way to ensure they maintain exemplary performance levels.  Performance evaluations are proposed to be used as a performance tool rather than a compensation tool.  

Selectman Shubert noted the present plan is up to 3%.  Town Manager Lunt said it was dependent on the CPI.  The CPI is the baseline.  This year the maximum was 2%.  Selectman Shubert suggested the Town set a minimum, bypassing the need to change the policy.  Mr. Lunt felt the Town didn’t want to necessarily be tied to the Union Contract.  Tying compensation to the CPI but setting a minimum was discussed.  The minimum for the Town is 1.5%.  Mr. Lunt felt this was a fairly clear system with a lot of thought behind it.  

Chairman Macauley felt that a performance evaluation tied to compensation is too subjective.  He would support taking the evaluation out of the compensation equation.  Selectman Shubert felt performance evaluations tied to compensation was an effective way to reinforce excellence and discipline in the employees.  He felt the difference between the compensation increases union employees received in comparison to non-union employees was more of a problem for the Town.  

Selectman Reilly liked the idea of performance evaluations.  He did not feel non-union employees had to be treated the same as union employees.  

Selectman Hart was not opposed to some compensation being based on performance, as opposed to simply providing the COLA each year.  COLA is an attempt to merely maintain the cost of living.  He would hope there would be the opportunity for something more when warranted.

Chief Willis noted these points of discussion are all addressed in the plan presented to the Board.  Public Works Director Smith added that the wording notes an increase of a minimum of 1.5%, but that increase can be greater.  

Town Manager Lunt reported the Town conducts comparisons to ensure that Mount Desert employees are at a minimum of 95% of the median wage.  He added the employees felt this was a fair compensation.

Selectman Shubert stated that with regard to setting salaries the process allows the Town Manager to set salaries.  He would favor a process where the Town Manager brought salary changes – such as an individual who is paid at under market - to the Board for consideration prior to the budget process instead of allowing the Town Manager to make the decision.  Chairman Macauley felt the issue should be left with the Town Manager.

Chief Willis suggested a pay scale creates a clear-cut protocol to follow for pay increases.  This allows the Board to focus more on policy.  Individual pay increases seemed more operational than policy driven and Board oversight over pay increases would add a significant amount of personnel oversight to the Board’s duties.  It was noted that the reclassification of a job would come before the Board for review.  

Selectman Shubert noted his concern stems from aberrations he’s noted in the salary survey presented.  He didn’t have faith in the decisions made without the Board receiving the same data and coming to the same conclusion as that being made.  He felt it was part of the Board’s job.  

Selectman Shubert brought up salary ranges.  Public Works Director Smith pointed out the current policy has salary ranges.  There is no definitive meaning assigned to those ranges.  

Chief Willis noted there currently is a pay grade and, for example, police officers are paid at a rate that falls within a dollar of each other.  This can cause issues because employees feel the rates should be identical if they are doing the same work.  The current pay grades have a salary range.  The task was to establish set numbers for the different pay grades with a range that is based on longevity.  If the pay grade requires changing, the issue would be brought before the Board for a decision.  

Selectman Shubert wondered if a performance evaluation should be tied to a bonus.  Town Manager Lunt felt bonuses would result in a feeling of inequity just as the current pay grade system does.  Selectman Shubert disagreed and felt it would act as an incentive for exceptional work.  

Selectman Reilly asked how a CPI increase added evenly would make different pay rates equal.  Chief Willis clarified that the intention was to get all the employees at the various grades to the same amount as a benchmark to move forward from.  This may take time for the scale to catch some up.  Once all are on equal footing, longevity would be the force deciding pay differences.  The pay scale was not added to the proposal as it was deemed operational data.  Chief Willis believed the current personnel manual had language in there with regard to the classifications.  The proposed changes does not affect that.  

Selectman Reilly asked why the 2017 increase is 3%.  Town Manager Lunt said it was the union contract.  After that, the increases would not be tied to the union contract.  Potentially there could be variables between the yearly increases in the union employees and the non-union employees.  Director Smith felt it was hard to compare union to non-union compensation.  

Town Manager Lunt offered the option of tying the non-union compensation to the union contract.  Selectman Reilly pointed out the wording states the increase can be raised, or the CPI increase could come in at more than the union-contract decrees.  

Selectman Shubert noted the information received includes the salary survey that compares the various communities.  He noted the plan is to maintain employees at 95% of the median.  Currently the Town is paying 104%.  Town Manager Lunt noted some employees are at a higher rate, particularly the employees who have been employed longer.  Mr. Lunt felt retaining experienced employees was a good thing.  He noted the rates fluctuate year to year.  If a 20-year employee retired and a new employee was brought on, the rate would drop.

Selectman Shubert noted on another compensation committee he’s participated in that no employees received increases after five years.  Town Manager Lunt defended the longevity increases, noting they were an effective tool for retaining quality employees.  The difference was staying at the lowest common denominator, versus trying to attract key, valuable employees and retaining them.  

Public Works Director Smith stated that the Town did not need to go to the lowest common denominator.  The Town should and could set the bar for employment that the other towns on Mount Desert Island should aspire to.  The employees in the Town are quality employees, as can be evidenced by the thank you letters received and included in the Board agendas.  

Chief Willis noted that he’d been charged to make the Bar Harbor and Mount Desert police departments work equally well.  Bar Harbor public safety employees are hired at the high end of the scale and move quickly up the scale.  Employees with the same experience between the two towns can be paid several dollars an hour difference.  Town Manager Lunt felt the proposed changes was a good start.

Selectman Dudman said that the issue has been talked about for months.  The Board was presented with a lot of information.  She felt it was not the Board’s job to manage the details within the Town.  Their job is to make policy and hire the Town Manager.  She added this recommendation was brought to the Board by the request of the Board.  

MOTION:  Selectman Dudman moved approval of the proposed changes to the Personnel Manual for Retirement Plans and Employee Compensation, excluding the Public Safety Years of Service Plan.  Chairman Macauley seconded the Motion.  

Selectman Reilly inquired whether or not the motion included the public safety retirement plan.  It was confirmed that the motion did not.  Selectman Hart asked if some of the changes would be retroactive to July and whether cost would be an issue.  Town Manager Lunt stated it would not.  

Selectman Shubert stated that the discussion began with the mutual agreement that there would be no decision.  Some information from the Police Chief was received which Mr. Shubert felt had not been explained.  It’s a complicated issue and Selectman Shubert did not feel all the information was available.  He felt it was premature to vote.  Further, Selectman Shubert felt the whole process was lacking.  There were substantial issues being presented that should have been discussed one at a time with pros and cons.  

Police Chief Willis stated that the issues presented in the proposal were:
  • The retirement plan
  • The question of acclimating wages so they tied to the union contract
  • A mechanism to keep it at a percent and half of the minimum beyond the length of the union contact
  • Acclimating the retirement contributions between ICMA or some other 401.
        Chief Willis stated these four issues were what he and Public Works Director Smith had been requested to address.  

Selectman Reilly asked the Police Chief to explain the retirement plan.  Chief Willis explained, to the best of his ability, that some employees are on a 25/60 plan, and others are on a 25/65 plan, depending on when they were hired.  Mr. Willis belongs to Maine Pers, which sets contribution rates year to year.  He believed this year it was set at 9.5% for the employer, and 9.1% for the employee.  It’s been as low as 6% to his recollection.  ICMA has always been at a fixed 6.2%.  At the last meeting the Maine Pers representative explained how Maine Pers sets their rate.  There are a number of variables for setting the rate.  Mr. Reilly noted that the withdrawal can change year to year.  He asked if that weren’t a problem for employees.  Town Clerk Claire Woolfolk stated that from the employee perspective, employees concerned with the fluctuation would opt for ICMA.  Ms. Woolfolk felt that was the reason for the two programs.  

Chairman Macauley stated he did not feel that any employees were under-performing.  He felt that some Board members perhaps had not reviewed the proposed plan enough.  Selectman Shubert disagreed; he stated he had read the plan multiple times and felt it needed to be improved.  He did not feel this was the best option for the Town.  

Selectman Hart pointed out that the policy voted in can be changed if the policy is found wanting over time.

VOTE:  Motion approved 3-1-1 (Shubert opposed, Reilly in abstention).  Selectman Reilly reiterated he wished the information had been included in the Board packet for this meeting for his review.  

It was agreed to discuss the Public Safety retirement question at a later meeting.  

Selectman Shubert stated the process has been disjointed and confused.  The Board was presented with a document that Selectman Shubert felt had multiple points of concern and approved it without really knowing what has been approved.  He stated the whole process was unprofessional.

  • Planting of a Tree in front of the Seal Harbor Comfort Station to Honor Paul Freemont-Smith Jr. for his many years of service on the Seal Harbor VIS
Chairman Macauley noted no application had been submitted.  Ms. Funderburk noted the issue shouldn’t have to go to Town Meeting.  The question remained regarding whether the new tree was a memorial or not.  Ms. Funderburk stated it was the feeling of the VIS that a plaque or sign was not necessary.  The tree is simply being planted in honor of Mr. Fremont-Smith.  Selectman Hart felt the application needed to be submitted, if only for the paper trail.  Town Clerk Woolfolk offered to provide an application to Ms. Funderburk.  Ms. Funderburk was unaware of when the tree was intended to be planted.

MOTION:  Selectman Shubert moved, with Selectman Reilly seconding, to table the item.  Motion approved 5-0.

IX.     New Business
  • Resident request that EMERA shade streetlight on the corner of Main and Sea Streets, Northeast Harbor
Selectman Shubert moved approval of the EMERA shade streetlight on the corner of Main and Sea Streets, Northeast Harbor.  Selectman Hart seconded the Motion.  Motion approved 5-0.

  • Public Space Special Event Application:  Sarah French Wedding, Seal Harbor Green, July 1, 2017
MOTION:  Selectman Shubert moved, with Selectman Reilly seconding, to approve the application for the Sarah French wedding, Seal Harbor Green, July 1, 2017.

Selectman Dudman mentioned the application included amplification.  Town Manager Lunt pointed out the amplification was in reference to just the ceremony.  Sarah French clarified the amplification was for the ceremony so the guests could hear.  Selectman Shubert noted the policy referenced amplified sound in general.  Ms. French added the wedding would most likely take place at 4:00 pm.

Anne Funderburk requested a copy of the application for the VIS.   

After some discussion, Motion approved 5-0.

  • Designation of Maine Municipal Association Voting Delegate Credentials
Town Manager Lunt recommended Town Clerk Woolfolk to have voting delegate credentials.  

MOTION:  Selectman Dudman moved, with Selectman Reilly seconding, to designate Town Clerk Claire Woolfolk as Maine Municipal Association Voting Delegate.  Motion approved 5-0.

  • Accept and sign Maine Municipal Bond Bank’s loan approval for $1,250,000 to be funded from the Clean Water State Revolving Loan Fund
MOTION:  Selectman Shubert moved to accept and sign the Maine Municipal Bond Bank’s loan approval of $1,250,000.00 to be funded from the Clean Water State Revolving Loan Fund.  Selectman Dudman seconded.  

Public Works Director Tony Smith noted the loan was for the replacement of the Bracy Cove Pump Station.  He noted the money had been approved at Town Meeting.

Selectman Shubert pointed out there was a significant fee attached to each payment.  He asked what the interest rate would be – was this in fact a good deal?

Mr. Smith felt it was a good deal.  This is the way the DEP finances their department.  He reviewed the fees attached to the payments for the Board.  

Selectman Shubert read the paperwork:  “Bond Bank will charge administrative fees of 1.5% of each debt service payment and Maine DEP will charge administrative fees of 3.5% on each debt service payment.”  This totals 5%.

Mr. Smith reported his discussions with the DEP and that the interest rate was low.  He offered to get the information from the DEP for the Board.  

Motion approved 5-0.

  • Authorization to enter into and sign a contract with Ferrara Fire Apparatus for the purchase of a Custom CAFS Pumper using funds of $558,845.00 from account #4040300-24471Fire Equipment/Engine Reserve for the purchase and equipping of the apparatus
MOTION:  Selectman Reilly moved to enter into and sign a contract with Ferrara Fire Apparatus for the purchase of a Custom CAFS Pumper using funds of $558,845.00 from account #4040300-24471 - Fire Equipment/Engine Reserve for the purchase and equipping of the apparatus.  Selectman Hart seconded the motion.  

Fire Chief Bender noted the item is in the capital improvement plan.  The apparatus to be replaced is 22 years old.  There is no real trade value.  He didn’t feel pumpers this age were worth more than $15,000 or $20,000, due to corrosion and advances in technology.  Chief Bender noted the next big purchase were scheduled for 2018.

Motion approved 5-0.

  • Approve Sustainability Committee project to measure and track energy and water use of Town facilities using the EPA’s ENERGY STAR Portfolio Manager tool.
MOTION:  Selectman Shubert moved, with Selectman Hart seconding, to approve the Sustainability Committee project to measure and track energy and water use of Town facilities using the EPA’s ENERGY STAR Portfolio Manager tool.

It was reported by Sustainability Committee members there is no hidden cost.  A report would be provided.  Once a baseline was established the Town can check their status online at any time.  

Additionally, the street light replacement plan was discussed.  Members of the Sustainability Committee reported they were waiting for Emera and their fee schedule.  

Chairman Macauley lauded the Committee’s work.  

Motion approved 5-0.

  • Such other business as may be legally conducted
There was no other business.  


X.      Treasurer’s Warrants
  • Approve & Sign Treasurer’s Warrant AP1716 in the amount of $246,685.02
  • Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1714, AP1715, and PR1705 in the amounts of $20,811.50, $1,840.25, and $95,027.87, respectively
  • Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 4 and 6 in the amounts of $32,875.69 and $68,862.18, respectively
MOTION:  Selectman Hart moved, with Selectman Dudman seconding, to approve and sign Treasurer’s Warrant AP1716 in the amount of $246,685.02, approve signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1714, AP1715, and PR1705 in the amounts of $20,811.50, $1,840.25, and $95,027.87, respectively, and acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 4 and 6 in the amounts of $32,875.69 and $68,862.18, respectively.  Motion approved 5-0.

XI.     Executive Session
None Scheduled

XII.    Adjournment
MOTION:  Selectman Hart moved, with Selectman Reilly seconding, to adjourn the meeting.  Motion approved 5-0.

The meeting adjourned at 7:51 PM.

The next regularly scheduled meeting is at 6:30 p.m., Monday, October 3, 2016 in the Meeting Room, Town Hall, Northeast Harbor