Town of Mount Desert
Board of Selectmen
Regular Meeting
May 16, 2011
Location: Meeting Room, Town Hall, Northeast Harbor
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 John Macauley, Rick Mooers, Sumner Rulon-Miller, and Dennis Shubert; staff members Town Manager Durlin Lunt, Fire Chief Mike Bender, Police Chief Jim Willis, Public Works Director Tony Smith Harbormaster Shawn Murphy, Code Enforcement Officer Kim Keene, Finance Director John Graves, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I Call to order at 6:00 p.m.
Chairman Richardson called the meeting to order at 6:00 p.m. He introduced and welcomed new Board members Sumner Rulon-Miller, Dennis Shubert, and John Macauley.
III Minutes
A. Approval of minutes from April 29, 2011 and May 3, 2011
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from April 29, 2011 as presented. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from May 3, 2011 as presented. The vote was unanimous in favor, 5-0.
IV Appointments & Recognitions
A. Appoint Angela C. Box as part-time dispatcher effective May 8, 2011 at a rate of $13.25/hr
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Angela C. Box as part-time dispatcher effective May 8, 2011 at a rate of $13.25/hr. The vote was unanimous in favor, 5-0.
B. Appoint Tevin Workman as public works summer helper effective May 9, 2011 at a rate of $12.00/hr
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Tevin Workman as public works summer helper effective May 9, 2011 at a rate of $12.00/hr.
C. Appoint Benjamin Cummings, Savanna Hudson, Rebecca Edgecomb, and Michael Vollmer as summer dock hands at a rate of $11.00/hr; and Alex Lyons as summer dock hand at a rate of $13.00/hr; and William Hodgkins as summer dock hand at a rate of $14.00/hr
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Benjamin Cummings, Savanna Hudson, Rebecca Edgecomb, and Michael Vollmer as summer dock hands at a rate of $11.00/hr; and Alex Lyons as summer dock hand at a rate of $13.00/hr; and William Hodgkins as summer dock hand at a rate of $14.00/hr. The vote was unanimous in favor, 5-0.
D. Nominate Paul Richardson to the Acadia National Park Advisory Commission for a three year term
Town Manager Lunt reported that Mr. Richardson has agreed to serve another term. Selectman Rulon-Miller asked if the Town receives reports from the Commission. No one could recall receiving any. Town Manager Lunt will ask the Commission about receiving reports.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to nominate Paul Richardson to the Acadia National Park Advisory Commission for a three year term. The vote was unanimous in favor, 5-0.
E. Approve request from Planning Board to hold open seat previously held by Patti Reilly
It was explained that since the Board of Selectmen had previously accepted Mrs. Reilly’s resignation from the Planning Board, it needed to make a formal vote to allow her to be re-appointed.
MOTION: Selectman Macauley moved, seconded by Selectman Rulon-Miller, to approve request from the Planning Board to hold open the seat previously held by Patti Reilly. The vote was unanimous in favor, 5-0.
F. Annual appointments of Employees, as presented
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the annual appointment of employees as presented. The vote was unanimous in favor, 5-0.
G. Annual appointments of Boards, as presented
MOTION: Selectman Rulon-Miller moved, seconded by Selectman Macauley, to approve the annual appointment of board members as presented. The vote was unanimous in favor, 5-0.
H. Annual appointments of Committees, as presented
Selectman Rulon-Miller said he would like to continue to serve on the Investment Committee as the Board liaison. Town Manager Lunt reminded him of the need of resignations from Investment Committee - resident position, Warrant Committee, and Salary Survey Committee.
It was noted that Shawn Murphy was listed twice re the Marine Management Committee. Town Clerk Nolan apologized for the error and will correct.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the annual appointment of committee members as presented. The vote was unanimous in favor, 5-0.
V 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. Accept resignation of Nicholas Brown as part-time police officer, effective April 12, 2011
B. Accept resignation of John B. Macauley III as Warrant Committee representative of the Investment Committee, effective May 4, 2011
C. Accept resignation of John B. Macauley III as Warrant Committee member, effective May 4, 2011
D. Acknowledge receipt of Department Head monthly reports: Assessor Kyle Avila, Finance Director John Graves, Fire Chief Mike Bender, Police Chief Jim Willis, Public Works Director Tony Smith, and Wastewater Superintendent Terry Savage
E. Acknowledge receipt of League of Towns March 22, 2011 minutes, and May 10, 2011 agenda and minutes
F. Acknowledge receipt of League of Towns letter to various cellular telephone companies re service to Island residents
G. Acknowledge receipt of update from Bangor Hydro Electric Co. on the MDI Transmission Project
H. Acknowledge receipt of invitation to participate in Celebrate!250
Selectman Rulon-Miller commented on Public Works Director Smith report and how important it is for the Selectmen to recognize the projects and capital needs forecasted over the next three years, totaling over fifteen million dollars.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VI Selectmen’s Reports
Selectman Rulon-Miller reported that at the last meeting he brought up the issue of addressing the assets of the Town. He met with Assessor Avila and has a list of Town owned land and buildings. He noted the values are different than what is in the most recent audit report. Selectman Rulon-Miller asked Finance Director Graves why the auditor figure is different; Director Graves replied it is probably acquisition costs. He will find out.
Selectman Rulon-Miller suggested the Board should do something about understanding the land owned and determine if it is being put to the best use. Selectman Shubert wondered which lands have easements and can’t be used. That is not known at this time. Board agreed it is a good idea to figure what land is available for use. Town Manager Lunt will ask Assessor Avila to help Selectman Rulon-Miller compile such a list.
II Public Hearing(s) 6:30 p.m.
A. Application for Class E Special Amusement Permit from Asti-Kim Corporation d/b/a Asticou Inn, and approval of same
Chairman Richardson opened public hearing at 6:30 p.m. At the request of Citizen Anne Funderburk he explained the definition of Class E. There being no other comment, Chairman Richardson closed the hearing at 6:32 p.m.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the application for Class E Special Amusement Permit from Asti-Kim Corporation d/b/a Asticou Inn. The vote was unanimous in favor, 5-0.
B. Special Town Meetings Referendum Articles, budget validation for Mount Desert Elementary School and Mount Desert Island Regional School District, and approval of warrant for Mount Desert Elementary School
Chairman Richardson opened public hearing at 6:33 p.m. Citizen George Peckham thought the Town already had an opportunity to not have a budget validation referendum. Town Manager Lunt explained the Town voted to continue the referendum process for another three years. There being no other comment, Chairman Richardson closed the hearing at 6:36 p.m.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Mount Desert Elementary School Budget Validation warrant for the June 14, 2011 Special Town Meeting. The vote was unanimous in favor, 5-0.
VII Old Business
A. Update from Elizabeth McMillan, Human Resource Consultant, re status of Human Resources, Payroll, and Finance
Ms. McMillan reviewed the soft cost analysis she has done for the weekly payroll process. Her analysis showed that savings could be realized by paying employees bi-weekly and using a time and attendance program. Selectman Shubert asked how employees currently keep their time; Consultant McMillan explained Public Works uses a time clock, and the remainder of the employees manually tracks their own time.
Selectman Macauley wondered about cloud options. Consultant McMillan replied she is including cloud options in her research. Selectman Shubert asked Town Manager Lunt to outline the big picture. Town Manager Lunt replied that we are currently using succession planning. Many systems evolved overtime out of crises: when key personnel left, somebody had to pick-up-and-do just to survive and get the work done. Staff has done a splendid job; however, in the future he would like to have an integrated system when key players leave. Although modifications will be needed, we currently have to rebuild the system. Selectman Shubert asked if we are starting to look at time and attendance. Consultant McMillan replied yes, that is how we started. We are trying to
determine the best system for now and the future. Selectman Macauley asked the cost of TRIO [administrative office’s current software provider]. Consultant McMillan replied the annual fee is approximately $7500.
Selectman Rulon-Miller suggested retraining under a new system could be costly. He asked if continued training from TRIO is available. Town Manager explained that initially TRIO trained the staff; however, many have since left. It was suggested maybe we need to understand TRIO better. Wouldn’t it be relatively easy and inexpensive to retrain with TRIO? Selectman Rulon-Miller asked about the timetable for implementing bi-weekly payroll savings. Consultant McMillan replied it is too soon to develop. TRIO currently is not as user friendly with importing time and attendance; however TRIO does plan to revamp its entire system within the next 18 months. She is still researching. Selectman Shubert commented that he has had experience with a similar
payroll change and the cost savings of changing from weekly to by-weekly payroll isn’t as great if you don’t have the right system. Town Manager Lunt said we are at the very beginning of a cautious fact gathering process. We don’t want to make the same mistake. Employee input is encouraged.
Town Manager Lunt expressed sympathy on behalf of town staff regarding the passing of Karl Richard, long-time buildings and grounds employee. Karl will be missed.
B. Long range planning issues for Board consideration from Town Manager Lunt
Town Manager Lunt referred to his list, and noted it is not all inclusive. However, it does address some of the long range needs such as egress from the Fire Chief’s office. The ideas put forth so far are unsatisfactory. One would destroy the Meeting Room and cost $40,000. There was discussion about the town office building being very expandable. Public Works Director Smith offered to have information regarding egress from the Fire Chief’s office for the June 6, 2011 Board meeting.
Selectman Shubert asked what the process is to work on the list. Town Manager Lunt replied all are happening and underway; however he needs the Board’s input, and suggested workshops in the slower summer months. Selectman Macauley agrees many items have been around for years and wondered what the Board would do other than attach budget numbers. Chairman Richardson suggested looking at the debt retirement schedule.
C. Town Manager Performance Evaluation form and format, discussion
Selectman Mooers summarized how this form came about. The earlier version was too broad. It did not allow for identifying areas for improvement and goal setting. His version is homogenized from state forms and other cities; he believes it better suits our town and performance objectives. Chairman Richardson suggested since Board members did not have the complete set of forms, that it be addressed at the next Board meeting to set up what is needed and a time frame. The review should begin in June and finalized in July; the Town Manager’s contract is due for renewal August 1.
VIII New Business
A. Approve application for Class XI Liquor License renewal for Stanley Enterprises Inc, d/b/a Abel’s Lobster Pound
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve the application for Class XI Liquor License renewal for Stanley Enterprises Inc, d/b/a Abel’s Lobster Pound. The vote was unanimous in favor, 5-0.
B. Approve application for Class I-A Liquor License renewal for Asti-Kim Corporation d/b/a Asticou Inn
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the application for Class I-A Liquor License renewal for Asti-Kim Corporation d/b/a Asticou Inn. The vote was unanimous in favor, 5-0.
C. Approve application for Class I, II, III, IV Liquor License renewal for Elmer L. Beal Jr, d/b/a Burning Tree Restaurant
MOTION: Selectman Rulon-Miller moved, seconded by Selectman Macauley, to approve the application for Class I, II, III, IV Liquor License renewal for Elmer L. Beal, Jr, d/b/a Burning Tree Restaurant. The vote was unanimous in favor, 5-0.
D. Award bid for Septic Pumping & Disposal
Two bids were received: Action Septic Service at $0.24 per gallon, and MDI Portable Toilets at $0.22 per gallon. CEO Kim Keene explained this issue goes with the Rural Wastewater Support Program. Public Works Director Smith commented that he has been renting portable toilets from MDI Portable Toilets, and recommends his service. Citizen George Peckham asked why the town is involved and Public Works Director Smith replied to get a better rate.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to award the bid to MDI Portable Toilets for septic pumping and disposal, at a rate of $0.22 per gallon, for the year 2011. The vote was unanimous in favor, 5-0.
E. Approve request to release $62,247 from account # 20-24104-71 Fire Equipment/Engine Reserve for second installment on ladder truck
MOTION: Selectman Macauley moved, seconded by Selectman Rulon-Miller, to approve the request to release $62,247 from account # G20-24104-71 Fire Equipment/Engine Reserve for payment of the second installment on the ladder truck. The vote was unanimous in favor, 5-0.
F. Accept $800 grant from Maine Municipal Employees Health Trust Wellness Program to Town of Mount Desert Safety Committee Wellness Incentive Program
Selectman Mooers applauded employees for a job well done.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to accept an $800 grant from Maine Municipal Employees Health Trust Wellness Program to Town of Mount Desert Safety Committee Wellness Incentive Program. The vote was unanimous in favor, 5-0.
G. Approve expenditure of Wellness Incentive Program grant funds
MOTION: Selectman Shubert moved, seconded by Selectman Rulon-Miller, to approve expenditure of Wellness Incentive Program grant funds. The vote was unanimous in favor, 5-0.
H. Approve request to release $500 from account # 60-29800-00 Horace & Mary Reynolds Trust Fund for a scholarship through Mount Desert Regional High School
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve request to release $500 from account #G60-29800-00 Horace & Mary Reynolds Trust Fund for a scholarship through Mount Desert Regional High School. The vote was unanimous in favor, 5-0.
I. Approve request to release $100 from account # 60-29900-00 Frank K. Stanley Trust Fund for a scholarship through Mount Desert Regional High School
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve request to release $100 from account #G60-29900-00 Frank K. Stanley Trust Fund for a scholarship through Mount Desert Regional High School. The vote was unanimous in favor, 5-0.
J. Review of amended Plumbing Permit Fee Ordinance and discussion of fees
CEO Kim Keene refreshed the Board’s memory regarding this issue. Effective January 7, 2011, the State increased its fees, some rather dramatically. That coupled with the town’s Plumbing Permit Fee Ordinance that called for permit fees to be two (2) times the State fee, caused the Subsurface Wastewater System fee to jump to $500. Some Board members thought that to be unreasonable. Subsequently a change to the Plumbing Permit Fee Ordinance was proposed at the May 3, 2011 Annual Town Meeting that amended the Ordinance to strike the “permit fees to be two (2) times the State fee” phrase and add a clause which authorizes the Board of Selectmen to establish a schedule of Permit Fees. The amendment was approved; now the Board needs to decide on the fee
structure.
CEO Keene said it is her understanding that the CEO’s department is to be self sufficient. With that in mind, she asked the Board if they want the fees to stay at the State minimums or double them. There was a lengthy discussion involving the CEO’s time spent on processing permit applications and inspections with regards to fees collected. Chairman Richardson suggested doubling all State fees, except the minimum fee for fixtures and the Subsurface Wastewater System. He proposed $60 as the minimum fee for fixtures, and $350 for the Subsurface Wastewater System. Selectman Macauley asked if this is an attempt to remain flat or bring in more revenue. CEO thought it is an attempt to increase revenue; however, permits are not being issued as frequently.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to set the plumbing permit fees double the amount as described in Chapter 240 State of Maine Rules for Appointment and Administration of local Plumbing Inspectors, effective January 7, 2011, Section 5.C. Permit, Inspection Fees and Disbursements Table E: Permits for Internal Plumbing; and set the Subsurface Wastewater System fee at $350. The vote was unanimous in favor, 5-0.
K. Approve request from Neighborhood House to use Northeast Harbor village green area for the annual Memorial Day BBQ on May 30, 2011
MOTION: Selectman Mooers moved, seconded by Chairman Richardson, to approve request from Neighborhood House to use Northeast Harbor village green area for the annual Memorial Day BBQ on May 30, 2011. The vote was unanimous in favor, 5-0.
L. Discuss proposal from Sydney Roberts Rockefeller for village signage
Request withdrawn until a later date.
M. Approve request to close Main Street, Northeast Harbor for 2 hours each Thursday evening from July 7 through August 25, 2011
Request withdrawn until a later date.
N. Approve and sign 2011 – 2012 Agreement with Maine Healthy Beaches Program
MOTION: Selectman Shubert moved, seconded by Selectman Rulon-Miller, to approve and sign 2011 – 2012 Agreement with Maine Healthy Beaches Program. The vote was unanimous in favor, 5-0.
Public Works Director Smith said he recommends not to enter into this agreement because the Town will have to monitor the beaches and eventually be responsible for closings. Town Manager Lunt disagreed. The Town joined last year with independent testers, which will be in place again this year. This is a standard agreement. Town Manager Lunt said he is going for training next week. An independent group from the Seal Harbor Village Improvement will be doing the testing. Chairman Richardson recalled this same discussion last year; there were no direct closures from testing. Selectman Shubert aked how often the testing is done and Town Manager Lunt replied at least once or twice a week.
O. Re-approve and sign easement with Bangor Hydro Electric Co., adding new Board Members (line that services harbor facilities in Northeast Harbor)
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to re-approve and sign easement with Bangor Hydro Electric Co., adding new Board Members (line that services harbor facilities in Northeast Harbor). The vote was unanimous in favor, 5-0.
IX Committee Meeting Reports
A. None
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #112 for $650,094.73
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant #112 for $650,094.73. The vote was unanimous in favor, 5-0.
XI Executive Session
A. 1 M.R.S.A. § 405 d) Discussion of labor contract and proposal
MOTION: At 7:55 p.m., Selectman Mooers moved, seconded by Selectman Rulon-Miller, to enter into Executive Session for the purpose of 1 M.R.S.A. § 405 d) Discussion of labor contract and proposal. The vote was unanimous in favor, 5-0.
MOTION: at 9:44 p.m., Selectman Mooers moved, seconded by Selectman Rulon-Miller, to close the Executive Session. The vote was unanimous in favor, 5-0.
No further action was taken.
XII Adjournment
MOTION: At 9:45 p.m., Selectman Mooers moved, seconded by Selectman Ruon-Miller, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectively submitted,
John Macauley
Secretary
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