Town of Mount Desert
Board of Selectmen
Meeting Minutes
September 16, 2013
A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, and Rick Mooers; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Fire Chief Mike Bender, Police Chief Jim Willis, Police Sargeant Kevin Edgecomb, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectman Shubert was excused.
I. Call to order at 6:30 p.m.
Chairman Richardson called the meeting to order at 6:30 p.m.
II. Public Hearing(s)
A. None
III. Minutes
A. Approval of minutes from the September 3, 2013 meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the minutes from the September 3, 2013 meeting. The vote was in favor, 3-0.
IV. Appointments & Recognitions
A. Michael A. Bailey Request for Appointment to Investment Committee
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to confirm the appointment of Michael A. Bailey to the Investment Committee effective immediately. The vote was in favor, 3-0.
B. Rod Crafts Request for Appointment to Sustainability Committee
Town Manager Lunt suggested the Board table this item until after agenda item VII. B.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to table agenda item IV. B. The vote was in favor, 3-0.
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: Wastewater Treatment Plants, Public Works Director
B. Notice of Proposed Routine Program Changes to the Maine Coastal Program
Selectman Mooers requested a discussion of an item in the Public Works Director’s report.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to accept Consent Agenda item B. The vote was in favor, 3-0.
DISCUSSION: Selectman Mooers referred to Public Works Director Smith’s August 2013 Monthly Report; specifically the paragraph regarding Solid Waste and the overflowing unsanitary mess of the dumpsters at the Town Garage. Selectman Mooers agreed with Public Director Smith that it is a shame to have such a mess associated with a brand new two million dollar building.
6:35 Selectman Macauley arrived.
Public Works Director Smith described what a mess the garbage is, including items left that are deemed as unacceptable MSW. He stated there is considerable use by non-residents; and the area should not be used as a transfer station. Town Manager Lunt recommended that the Sustainability Committee address this issue, if Board chooses to form the committee. Chairman Richardson disagreed, and suggested the Board needs to address the issue.
After a lengthy discussion of dumpster placement, access control, and enforcement, and at Selectman Mooer’s suggestion, Board agreed to have this as a future agenda item for public discussion. Public Works Director Smith will research, with DEP, what implies a transfer station and what options there may be for dumpsters and recycling.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept Consent Agenda item A. The vote was in favor, 4-0.
VI. Selectmen’s Reports
None presented.
VII. Old Business
A. Bartlett Landing Road Widening
Board agreed with Public Works Director Smith’s memo dated September 12, 2013 and moved the following:
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize Public Works Director to solicit bids to construct two more pull-outs on Bartlett Landing Road and to use an amount not to exceed $20,000 from Public Works Road Reserve Account 400-24573. The vote was in favor, 4-0.
B. Sustainability Committee
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize town administration to advertise for members to form a Sustainability Committee. The vote was in favor, 4-0.
C. Emergency Vehicle Access to Non-Conforming Roads & Driveways
Chairman Richardson referred to Fire Chief Bender’s memo dated August 9, 2013 in which he quoted the reply from MMA’s Legal Services Department; it seems the town does not have a liability relating to the inaccessibility due to the narrowness of private roads and driveways. Board agreed it is important for residents with inaccessible private roads and driveways to know that emergency vehicles may not be able to get through, and directed town administration to keep residents informed through the town’s website.
VIII. New Business
A. Banner Placement on Utility Poles
Fire Chief Bender explained that there is a state law that regulates the hanging of decorative items from utility poles; Bangor Hydro Electric Co encourages individuals/groups to apply, rather than the Town, for permission to hang decorative items from utility poles. The applications are readily available through Bangor Hydro Electric Co. The other issue is whether or not the Town has liability exposure if it assists with the hanging of permitted banners. Fire Chief Bender will check with the Town’s insurance carrier.
B. Part-Time Firefighters
Town Manager Lunt summarized by explaining that there are times when full-time firefighter shifts need to be filled. In the past, we have used volunteer firefighters; however the FLSA says a person cannot be a volunteer and a [part-time] employee. The Law is clear that filling in, as has been our practice, results in a part-time employee position. Fire Chief Bender said the town attorney is adamant that we cease the current practice of having volunteers work in a part-time position. He said his initial solution was to solicit applications from firefighters of other departments on the Island; however, his volunteers are upset with this solution, since some of them enjoyed filling in. Town Manager Lunt commented that the law is evolving to discourage volunteer
firefighters.
The implications of having volunteers become part-time employees were discussed. Chairman Richardson suggested Town Manager Lunt and Fire Chief Bender need to determine the options and discuss with the volunteers. Selectman Dudman would like to see various scenarios with costs. Tom Wallace, a long-time volunteer firefighter, said it is sad that our own can’t work and outside people have to be hired. Fire Chief Bender said he will enlist help from the town attorney, bring information to the volunteer membership, then to the Board.
C. Reorganizing Structure of Police Department
Chairman Richardson confirmed that members read and understood Police Chief Willis’s memo. Selectman Mooers asked why the reorganization. Police Chief Willis explained accountability is the crux. A more structured 24/7 on-call system will avoid confusion as to who is called when. Dispatch will know exactly who to contact, and in what order. The re-structure also brings the department in line with the 40 hour work week, like the rest of the town employees. He also noted it gives additional supervision for dispatch; currently there is not a designated supervisor. It was the consensus of the Board that it is a good plan.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to offer approval of the reorganization of the Mount Desert Police Department which includes approval of the job description for the newly created Lieutenant position, the Sargeant job description [that will be vacant], authorization to reduce the weekly work hours from 42 to 40 at the same annual salary for those employees affected, and approve the on-call stipend of $100 for the newly formed Sargeant and Lieutenant positions for when they are on-call. The vote was in favor, 4-0.
D. Voting Credentials for MMA Annual Business Meeting
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize Town Manager Lunt to be the Voting Delegate for the MMA Annual Business Meeting to be held October 2, 2013. The vote was in favor, 4-0.
E. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrants #1415 & 1416 in the amount of $1,942,938.72 & $182,017.14, respectively
B. Approve Signed Treasurer’s State Fee Warrant #1413 in the amount of $5,225.00
C. Approve Signed Treasurer’s Wage & Benefit (Payroll) Warrants #10, 11, & 12 in the amount of $48,647.22, $5,402.73, and $46,943.50, respectively
D. Approve Signed Treasurer’s State Fee/Wage & Benefit (Payroll) Warrant #1414 in the amount of $20,467.51
E. Acknowledge Treasurer’s School Board AP & Payroll Warrants #03 & 06 in the amount of $30,532.94 & $80,840.72, respectively
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve and acknowledge Treasurer’s Warrants A – E totaling $2,363,015.48. The vote was unanimous in favor, 4-0.
X. Executive Session
A. Pursuant to 1 MRSA §405(6)A for Town Manager’s Annual Evaluation
MOTION: At 7:52 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to enter into Executive Session pursuant to 1 MRSA §405(6)A for Town Manager’s Annual Evaluation. The vote was in favor, 4-0.
MOTION: At 9:00 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to exit the Executive Session. The vote was in favor, 4-0.
No action was taken.
XI. Adjournment
MOTION: at 9:01 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn. The vote was unanimous in favor, 4-0.
Respectfully submitted,
John B. Macauley
Secretary
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