Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
January 18, 2011
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 Jean Bonville, Chuck Bucklin, and Rick Mooers, Town Manager Durlin Lunt, Finance Director John Graves, Public Works Director Tony Smith, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Code Enforcement Office Kim Keene, Assessor Kyle Avila, Town Clerk/Recording Secretary Joelle Nolan, and members of the public. Selectman Marilyn Damon was excused.
I Call to order at 6:30PM.
Chairman Richardson called the meeting to order at 6:30 p.m.
II Minutes
A. Approve minutes of January 3, 2011 meeting.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to approve the minutes of January 3, 2011. The vote was unanimous in favor, 4-0.
III Appointments
A. None
IV Consent Agenda (These items are considered to be routine, and therefore, will not be allotted Selectmen discussion time on the agenda. The items may be passed by the Selectmen in one blanket motion. Any Board member may remove an item from the “Consent” portion of the agenda for discussion or questions by requesting such action prior to consideration of that portion of the agenda.)
A. Acknowledge receipt of monthly Department Head reports: Assessor, Code Enforcement Officer, Fire Chief, Public Works Director, and Wastewater Superintendent.
B. Acknowledge thank you letter to Pubic Protection Committee members.
C. Acknowledge receipt of resignation letter from Robert A. (Rat) Taylor from the Shellfish Conservation Committee, effective immediately.
D. Acknowledge receipt of League of Towns meeting minutes for December 28, 2010 meeting.
E. Acknowledge receipt of Public Works Director Smith’s correspondence with Ellsworth Recycling for acceptable and unacceptable items to recycle.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to accept Consent Agenda items A, B, and D. The vote was unanimous in favor, 4-0.
Selectman Bonville acknowledged item C and requested that Town Manager Lunt send a thank-you letter to Mr. Taylor for his many years of service.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin to accept Consent Agenda item C. The vote was unanimous in favor, 4-0.
Regarding item E, Selectman Bucklin asked if a handout is being distributed to help inform citizens of the changes in acceptable recycling items. Public Works Director Smith reported that a more comprehensive brochure is being developed, and Sydney Roberts Rockefeller is making a poster. Additional recyclables now accepted at the Town Garage recycle drop-off center include office paper, plastics numbered 3 – 7 (in addition to 1 – 2), and box/paperboard.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin to accept Consent Agenda item E. The vote was unanimous in favor, 4-0.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville to take out of order item New Business E. The vote was unanimous in favor, 4-0.
VII New Business
E. Suzanne Lawrence’s request for Homestead Exemption status to be re-instated and Rural Wastewater Benefit Support program check to be issued.
Mrs. Lawrence is requesting re-imbursement for the 2009 and 2010 RWBS program. Chairman Richardson asked Assessor Avila the reason Mrs. Lawrence had no Homestead Exemption in 2010. Assessor Avila explained he performed an audit of homestead exemption eligibility and referred to his letter dated August 25, 2008 to Mrs. Lawrence in which she was requested to confirm residency in the Town of Mount Desert. Mrs. Lawrence was present and explained she has an Ellsworth mailing address because she works in Ellsworth; she stated she has lived at 12 Somes Ridge Road for 40 years, and has received RWBS checks in the past. She further explained that the Ellsworth Post Office arbitrarily changed box numbers during the past few years and there have been instances of her not receiving her mail. Chairman Richardson asked if her
primary residence is Somesville, and she replied yes. Assessor Avila said he has her application for the homestead exemption and will re-instate for the coming year. Chairman Richardson asked why Mrs. Lawrence’s eligibility status was changed, aside from the fact that her address changed. Assessor Avila again referred to his letter and explained there was no reply, nor was the letter returned by the Post Office as undeliverable. Mrs. Lawrence asserted it was a mistake. She had family medical emergencies during that time and was traveling out of state. Chairman Richardson asked Assessor Avila, if an audit hadn’t been done, would the RWBS check have been sent? Assessor Avila said the qualifications for receiving the check are qualifying for the homestead exemption, complying with the septic pumping requirement, and real estate taxes paid. Selectman Bonville asked if Mrs. Lawrence paid vehicle excise tax in Mount Desert.
Mrs. Lawrence said she has recently changed her vehicle registrations to Mount Desert. Selectman Bucklin asked if she is registered to vote in the Town of Mount Desert, and Mrs. Lawrence replied she is not registered to vote. Selectman Bonville said she is not convinced the Board can go back two years. Chairman Richardson disagreed saying if qualifications have been met, how can the Board deny payment. Selectman Mooers commented that Mrs. Lawrence complied with the program except answering the audit letter - mail glitches are common. If she is and has been a resident of Somesville and all else is in compliance, the money is due and payable. Chairman Richardson asserted he finds no fault with Assessor Avila’s handling of the audit. Board agreed. Chairman Richardson said the Town is obligated to pay. Selectman Bonville noted there is no money in the RWBS account.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin to reimburse Suzanne Lawrence the Rural Wastewater Benefit Support checks for 2009 and 2010; and to take the funds from the Board of Selectmen contingency fund if necessary. The vote was unanimous in favor, 4-0.
V Selectmen’s Reports
Selectman Bonville applauded the TRIAD and Police Department for the Bucket- of Sand program; however she is concerned that the age group needing the service may not be internet savvy. It was noted there have been articles in the local newspapers.
Selectman Bonville extended thanks to the public works crew for the excellent road work during the multiple snow storms.
Selectman Bonville made note of the Maine Townsmen article on collaboration of towns and was pleased to note Mount Desert Island was featured. The meeting on November 17 of the League of Towns included representation from six communities; topics of discussion were public safety, roads and transportation, human resources, and solid waste. Town Manager Lunt remarked that the League of Towns meetings most always contain a discussion on collaboration. Last week’s meeting focused on the new State building code and how towns can help each other, perhaps when regular staff is not available.
Selectman Bucklin said he had a call from Michael Olson regarding the selling of ice from his property in Otter Creek; he encouraged Mr. Olson to continue to talk to CEO Keene and the Planning Board. CEO Keene stated Mr. Olson was present at the last Planning Board meeting (January 13) and his proposal to change the Land Use Zoning Ordinance to allow the sale of ice under Conditional Use Permitting/Seasonal Produce Sales was accepted and will be a warrant article for Annual Town Meeting May 2011.
Selectman Bucklin extended a personal thank-you to the Public Protection Committee for its work and would like to have as a future agenda item a review of its report.
Selectman Mooers recalled that last April an application by Michael MacDonald to join the Warrant Committee was not acted upon by this Board. According to Town Manager Lunt Mr. MacDonald is no longer interested and has withdrawn his application.
Chairman Richardson clarified that if townspeople want an item to come before the Board, the practice is to make the request through a Board member or Town Manager, have the issue as an agenda item, discuss, and send to the proper department.
VI Old Business
A. Proposed changes to Use of Public Places Ordinance, response from Maine Municipal Legal Services.
Town Manager Lunt reported that a complete review by MM Legal Services has not been done yet.
B. Maine Municipal Health Insurance options, discussion
Chairman Richardson referred to material presented earlier in the year by Susan Smith of Maine Municipal Employees Health Trust. A review of the various programs offered confirmed that changing to one with higher deductibles would save the Town considerable money. Premiums for the current program POS C are predicted to increase 9.5% next year. The PPO Value/1500 program, which has higher deductibles and out-of-pocket costs to employees, could save the Town approximately $200,000. Even if the Town covered the increased deductibles with a Health Reimbursement Arrangement (HRA), there could be a net gain over current policy costs of $115,000. Other programs do not offer as much savings. Chairman Richardson noted that the average cost per employee for health insurance annually is $19,000. He sees this as
a chance to offer employees good coverage and save the Town money.
Selectman Bonville said she would like to bring this item back for discussion after Board members have a chance to review the numbers. She asked Chairman Richardson if he planned to have a discussion of this matter between the Board and employees, and he replied yes. He also suggested having another meeting with Susan Smith/MMEHT. Town Manager Lunt suggested Ms. Smith could be a key to good education for employees. Chairman Richardson agreed. The Board needs to review, come to agreement about a particular program, and then bring in MMEHT and employees.
Selectman Mooers suggested asking MMEHT if current employees could have the choice of staying with the existing program for “x” amount of years or joining the new program; and have new full-time employees be covered by the new program. He believes when a person accepts employment there is a contract to maintain the benefits offered at the time of hire. He would like to have input from employees and offer them options. Chairman Richardson said his intent is savings to the Town. He disagrees there is a contract. He appreciates employees have had what they have had, however, no one else has such a benefit. He wants to realize a substantial savings, otherwise there is no sense to pursue.
Board instructed Town Manager Lunt to set up a meeting with Susan Smith/MMEHT as soon as possible. An afternoon meeting would be acceptable.
VII New Business
A. New Building Code issues from Dennis Smith, discussion.
Town Manager Lunt referred to correspondence from Mr. Smith and Representative Brian Langley, in which Mr. Smith states that due to the new State building code requirements and ensuing added expense, he feels he must cease rebuilding his dwelling at 21 Otter Creek drive that was destroyed by fire on June 25, 2010.
Selectman Bonville clarified that as of December 1, 2010 all new construction must be built according to the new State code, and that the Town of Mount Desert is not required to enforce the new code until July 2012. She suggested rather than citizens taking issue with the Town’s Code Enforcement Officer, a waiver could be signed stating they are aware the new code is in effect. CEO Keene said she would want to review any waiver language.
Citizen/building contractor Tom Wallace stated the Board has given CEO Keene permission to require architectural/engineering drawings which constitutes enforcing the new code prior to July 2012. This is an added expense to homeowner that he should not have to incur now; especially if the new code is repealed. He suggests the Town not take any action until 2012.
Chairman Richardson expressed concerns about the Town’s liability. Selectman Mooers wondered if the Town has any liability until 2012. CEO Keene noted that although she doesn’t inspect now, any occupancy permits contain a disclaimer regarding the new code. She has been told that banks and insurance companies may require inspections, usually after completion of the home. She feels she has no assurance of compliance unless there are stamped drawings. Mr. Wallace asked since the Town does not have to enforce the new code until 2012, wouldn’t stamped drawings constitute enforcement? CEO Keene asserted that the Town doesn’t have to enforce the new code until 2012, but contractors have to abide by it. Mr. Wallace believes the expense of complying with stamped drawings will kill the
construction business. He asked if the new code requires the Town to have stamped drawings before 2012. CEO Keene explained the reason for the disclaimer is because she is not doing inspections right now; the Town has only adopted NFPA 101, and has not adopted the new code yet.
Selectman Bonville asked Mr. Wallace if he as a contractor must build by the new code now, and he replied yes, but he does not have to have it inspected. Board disagreed; contractors have to have inspections done, but Town doesn’t have to do them yet.
Board discussed pursuing legal options regarding the requirement of stamped engineered plans and how best to notify homeowners and contractors of the new state building code. CEO Keene noted that her section of the Town’s website contains links to the new code. Board directed Town Manager Lunt to put an alert on the website homepage regarding the new code.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin to pose a question to legal counsel regarding the requirement of stamped engineered plans and the conformity with the new state code. The vote was unanimous in favor, 4-0.
B. Street light darkening requests for Maple Lane and Sinclair Road residences.
Chairman Richardson asked Public Works Director Smith what are the options. He replied because the lights are not at major intersections, the Town can ask Bangor-Hydro Electric to darken lights by painting the globes black. He will ask about Dark Sky lighting. Also he will meet with Katie Bell regarding her former request about the lights on the corner of Joy Road and Maple Lane that was denied.
Motion: Selectman Mooers moved, seconded by Selectman Bonville to have Public Works Director Smith ask Bangor Hydro Electric to darken the lights as requested on Maple Lane and Sinclair Road. The vote was unanimous in favor, 4-0.
C. Nomination of Shellfish Conservation Wardens.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin , to nominate Kevin Edgecomb, John Lemoine, and Shawn Murphy as Shellfish Conservation Wardens as required by the Department of Marine Resources. The vote was unanimous in favor, 4-0.
D Right of Way Donation and Acknowledgement/Waiver regarding Stanley Brook Bridge.
After a brief discussion, it was determined to have the forms changed to show the signer as the Town Manager as authorized by the Board of Selectmen. As the forms currently read, “Signature of Owner(s)”, a Town Meeting vote would be necessary, since the voters are the owners.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to authorize Town Manager Lunt to sign the Donation and Acknowledgement/Waivers of Right to Receive Just Compensation regarding Stanley Brook Bridge. The vote was unanimous in favor, 4-0.
F. Donna Beals’ request for review of tax account in regards to her Rural Wastewater Benefit Support program check.
Donna Beals was present to explain her request. She is a participant in the tax club, didn’t realize she was late with the November payment, and paid it as soon as she realized. Finance Director Graves noted the tax club does allow two months grace period and Ms. Beal’s payment was received within that timeframe. Board agreed she is entitled to the RWBS check.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers to make payment to Donna Beals for the 2010 RWBS in the amount of $647.00, payable from the Contingency Fund. The vote was unanimous in favor, 4-0.
G. Sign quitclaim deed to Jillaine Butler.
Finance Director Graves stated the check has been received and deposited today.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin to sign the quit claim deed to Jillaine Butler. The vote was unanimous in favor, 4-0.
H. Budget review: General Government and Debt.
Board began the review with the Governing Body section, then moved on to Municipal Management. Selectman Bonville asked to move 501-30 part-time/seasonal - $5,000 to the finance department since that is where the majority of the expense is. She suggested 503-06 postage - $4,200 be distributed to the appropriate departments, increasing 504-02 dues to $6,725, and wondered if 504-50 legal expense at $15,000 is enough. Also, 501-01 town manager wages increase to $76,000.
Selectman Mooers suggested increasing legal expense to $20,000 due to union negotiations and potential unfunded mandates.
Town Clerk section: Selectman Bonville requested that $2,000 be moved from 501-30 part-time to the finance department, and noted that FICA and MC lines will need to be adjusted wherever wages are changed.
Finance: Line 501-30 part time increased to a total of $12,000. A discussion ensued regarding not only the cost of part-time help in finance, but also the necessity. Selectman Bonville noted at the current rate and time (2 days per week) the cost would be more than $18,000 for 12 months. She maintains the position should not be needed at all. Town Manager Lunt explained much of the time is spent on payroll reconciliation, the new CIP, and accounts payable. Selectman Mooers wondered if all the money is under finance/treasury does it reflect work done elsewhere. Selectman Bonville maintained all work done is finance/treasury and should come under finance. Board agreed to leave 501-30 part time/finance at $12,000. 506-21 printing was changed to $4,000.
Assessment: 509-90 revaluation reserve was corrected to $20,000 and 509-91 equipment reserve changed to $1,250. Assessor Avila said this refers to the Vision program that has reached the end of its life; however, he is willing to keep it for now.
CEO: Chairman Richardson asked about 501-30 part-time wages; amount is consistently under budget. CEO Keene explained this is primarily for the recording secretary. Overtime wages, 501-50 increased to $2,000 in anticipation of the CEO’s need for extra time due to state mandates. 505-40 general repairs change to $500; and 509-83 truck reserve correct to $5,262.
General Government: Unemployment increased to $35,000 to comply with current assessments. Life Insurance for retirees, 502-22, probably needs to be decreased to $850; Joelle will confirm.
Human Resources: Town Manager Lunt explained the consultant is now available to do the work in one year at a reduced rate. He expects the job to be done in approximately 44 weeks.
Debt:
Selectman Bonville noted that the $812,880 requested reflects a $114,000 reduction in the total amount due. This reduction represents funds to be transferred from the Rural Wastewater Reserve Account; funds received from the Federal Government for this purpose.
Selectman Bonville asked if there will be Northeast Harbor Marina project bond payment in 2012. Finance Director Graves thought not, only interest, then principle payments the following year. Selectman Bonville requested a figure of what will be required to support the 2011/2012 budget.
VIII Committee Meeting Reports
A. Draft minutes from the Revitalization Committee for January 10, 2011.
Chairman Richardson has concerns re expense particularly as related to becoming involved with ULI Boston’s Technical Assistance Panel program.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to acknowledge the report. The vote was unanimous in favor, 4-0.
IX Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 64 for 770,934.77.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve Treasurer’s Warrant # 64 for 770,934.77. The vote was unanimous in favor, 4-0.
X Executive Session
A. None
XI Adjournment.
MOTION: At 9:12 p.m., Selectman Mooers moved, seconded by Selectman Bucklin , to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectively submitted,
Jean Bonville
Secretary
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