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Selectmen Meeting Minutes - 03/21/11
MEETING OF THE BOARD OF SELECTMEN
MONTHLY FINANCIAL WORKSHOP
TOWN OF MOUNT DESERT, MAINE
Monday, March 21, 2011

A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, in Northeast Harbor.

Those present included: Chairman Tom Richardson, Selectmen Jean Bonville, Chuck Bucklin, and Rick Mooers, Town Manager Durlin Lunt, Finance Director John Graves, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Public Works Director Tony Smith, Police Chief James Willis, Recording Secretary Jennifer McWain, and members of the public.

Chairman Richardson called the meeting to order at 6:30PM.

Minutes

A.      Approve minutes for March 7, 2011 meeting.

Selectman Mooers moved, seconded by Selectman Bucklin, to approve the minutes of March 7, 2011, as amended with grammatical corrections.  The vote was unanimous in favor, 4-0.

Appointments and Recognitions

A.      Memo from Fire Chief Bender regarding Mount Desert Fire Department Awards Dinner.       

Selectman Mooers moved, seconded by Selectman Bucklin, to acknowledge receipt of memo from Fire Chief Bender regarding Mount Desert Fire Department Awards Dinner.  The vote was unanimous in favor, 4-0.

B.      Letter of Thank You to Fire Department for placement and lighting of Christmas tree from the Union Church.

Selectman Mooers moved, seconded by Selectman Bucklin, to acknowledge the receipt of the letter of Thank You to the Fire Department. The vote was unanimous in favor, 4-0.

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 ÒConsentÓ 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: Fire and Police.
B.      Acknowledge Thank You letter to Patti Reilly for years of service to the Planning    Board.
C.      Acknowledge Thank You letter to Matthew Bucklin for years of service to the Warrant Committee and as a Trustee of MDI High School.      
D.      Acknowledge receipt of Northeast Harbor and Seal Harbor Wastewater Treatment Plants inspections reports from Maine Department of Environmental Protection.
E.      Acknowledge receipt of League of Towns agenda for March 22, 2011.
F.      Acknowledge receipt of collaborative letter from League of Towns to Maine Dept of Transportation regarding catch basins along Route 102, Somesville.

        Motion by Selectman Mooers to accept the Consent Agenda items A, C, E, and F presented, seconded by Selectman Bucklin. The motion was approved 4-0.

        Chairman Richardson stated that the Planning Board Chairman wanted Patti Reilly to continue on the Planning Board until she returns from her temporary assignment.

        Selectman Bonville thanked and acknowledged the efforts of the Wastewater Treatment Plant employees for the extraordinary job they are doing to maintain the plants.

        Selectman Bonville moved to accept items B and D of the Consent Agenda, seconded by Selectman Bucklin. The motion was approved 4-0.
        
V.      Selectmen Reports       

None

VI.     Old Business  

A.      Discussion with Public Works Director Smith regarding FY-09 Overdrafts.

Public Works Director Smith said that there was an overdraft in highway for $85,932.00, and he asked for the money to come out of the respective reserve account. Back in 2009 he provided the Town Manager a memo explaining that he would pay for the repairs to the generator out of the appropriations budget. If these payments caused the budget to be exceeded he would then pay them from the road reserve and public works equipment fund. This was never done. Selectman Richardson stated that the money is taken from surplus and that is why we are going back to Town Meeting. This decision was improperly made in 2009 and now it needs to be addressed. No action taken.       

B.      Discussion with Bay Communications regarding cellular tower in Northeast Harbor- continuation.

Selectman Bucklin moved to take item B out of order, seconded by Selectman Bonville. The motion was approved 4-0. Mark Cook from Bay Communications was present to give a brief presentation of other cell tower sites and to answer questions. Mr. Cook stated that Bay Communications searches out areas that FCC licensed carriers lack in coverage and try to offer suitable solutions for their coverage needs. In respect to Mount Desert this FCC carrier has a substantial lack in coverage specifically in the downtown area of Northeast Harbor. Based on discussions with Town Manager Lunt regarding the elementary school, this location would accommodate and meets the required set back.  Also, there is already some public safety antenna’s on the roof top of the school, along with a commercial provider of wireless services, RedZone.  The size of the carrier’s individual base equipment would vary based on the proposed facility. Mr. Cook stated that leases with towns are typically 50 year leases and that Bay Communications would maximize the use of the tower with as many carriers as possible. Selectman Mooers stated that he read that this kind of tower might be obsolete and with a 50 year lease, and felt uncomfortable not to be able to read a sample contract. Chairman Richardson stated that he was not comfortable giving up town owned property for something that did not benefit the entire town. Selectman Mooers commented that he felt that Bay Communications wants contracts with carriers and the Town is a pass through for Bay’s tower; the Town is not the primary concern. Selectman Mooers moved to pursue the use of public lands for the use by Bay Communications to put a cell tower in town, seconded by Selectman Bucklin. The motion was defeated 0-4.

C.      Maine Department of Environmental Protection- SEP Consent Agreement update.
        
Public Works Director Smith stated that SEP, Supplemental Environmental Project from the DEP’s assessment of a $16,000 penalty, but they waived a portion of it, and the Town will pay a portion, $2,338.00 through the SEP for an accountability system. Selectman Bonville stated that the cost will be $11, 692.00 instead of the $16,000.00. There was no action taken.

VII.    New Business
        
A.      Mount Desert Salary Survey Committee presentation.

Selectman Mooers moved to take Item A under New Business out of order, seconded by Selectman Bucklin. The motion was approved 4-0. Salary Survey Committee member David Irvin stated that the group used the Maine Municipal Association Salary Survey, and compared salaries to towns similar to Mount Desert. The last comparison was done in 2004.
The group felt that some towns were not similar enough to Mount Desert.  They wanted to use coastal towns that had a similar population year round and influx of summer people. The size of a town’s budget was also considered. Mr. Irvin stated that a review of the positions in our town to the MMA report for the towns the group chose determined that the town’s pay scales are in line with the wages in other towns.  The group did not include benefit packages. Chairman Richardson thanked the committee for their work; and stated that by bringing this in house, it could be tailored. Selectman Bucklin asked if any of the town’s that were compared had unions. Mr. Irvin did not recall. No action taken.

B.      Memo from Finance Director Graves for abatement of Larry Jenkins’ Personal Property Taxes.

Finance Director Graves stated that he felt that sufficient staff time had been devoted to the collection of the balance. Mr. Graves stated that he has been unable to reach Mr. Jenkins and sees no reason to pursue to small claims court for $51.40. The Town will end up paying more than what is owed in taxes. Chairman Richardson and Selectman Bucklin stated that they agreed. Selectman Mooers moved to abate the amount of $51.40, seconded by Selectman Bucklin. The motion was approved 4-0.

C.      Memo from Finance Director Graves to abate uncollectable real estate taxes.
Finance Director Graves stated that the property taxes for Jeff Farnsworth’s property go back a number of years. There is no longer a piece of property, the trailer is gone. Maine Municipal Association says that they can only give a legal opinion on the property, and because the property doesn’t exist anymore there is no way to place a judgment.
Selectman Mooers moved to abate the amount of $502.91, seconded by Selectman Bucklin. The motion was approved 4-0.

D.      Memo from Harbormaster Murphy for authorization to dispose of two finger floats at Bartlett Landing.

Selectman Bonville moved to authorize the disposal of two finger floats at Bartlett Landing, seconded by Selectman Mooers. The motion was approved 4-0.

VIII.   Committee Meetings Reports

A.      Acadia Disposal District meeting minutes of February 17, 2011.

Selectman Mooers moved to acknowledge receipt of the Acadia Disposal District meeting minutes of February 17, 2011, seconded by Selectman Bucklin. The motion was approved 4-0.

B.      Safety Committee meeting minutes of February 9, 2011.

        Selectman Mooers moved to acknowledged receipt of the Safety Committee meeting minutes for February 9, 2011, seconded by Selectman Bucklin. The motion was approved 4-0.

IX.     Treasurer’s Warrants

A.      Approve Treasurer’s Warrant # 91 for $341,280.83.

        Selectman Bonville asked where the figures for the cemetery payments came from, because they didn’t match the audit. Selectman Mooers moved to approve the Treasurer’s Warrant #91 for $341,280.83, seconded by Selectman Bucklin. The motion was approved 4-0.

X.      Executive Session
        
A.      Pursuant to 1 M.R.S.A. §405.6.A, discussion of a personnel matter.

Selectman Mooers moved to go into executive session at 8:30PM, seconded by Selectman Bucklin. The motion was approved 4-0.

Town Manager Lunt waived his right to Executive Session and requested that this matter be open to the public. The necessary waiver was signed and is attached to these minutes.

Town Manager Lunt read his “State of the Town” address. Town Manager Lunt stated that he had been given goals in August and that he had been working on them.  One of those goals was to work on the Harbor project which hasn’t yet started.  He would like to move that forward.

Chairman Richardson stated that he and Town Manager Lunt, and the Board, had been through a learning curve. Chairman Richardson observed that Town Manager Lunt had been strong in many areas of management that needed improvement, one of those being the “face of the Town Office”.  He has been a tremendous asset in that regard. Chairman Richardson stated that he felt that the budget format was difficult to read and that during the budget process the Board didn’t always have the most current information; the reports need to be scrutinized. Chairman Richardson said that he did like the idea of the Human Resource program and that it was moving in the right direction.

Selectman Bucklin stated that he agreed with Chairman Richardson on the budget issue and added he would like to see the budget and the audit done in a more timely fashion. Selectman Bucklin agreed that Town Manager Lunt added a calming presence to the office and greets everyone and makes them feel welcome. Selectman Bucklin stated that he likes the Town Office office’s new look, and the office staff is greeting people more.

Selectman Mooers stated this is not the Town Manager’s annual review; it is more of an annual look back. Selectman Mooers said he believes in things that are valued added. He went on to say that when Town Manager Lunt accepted the position, he developed strategic goals and identified short term objectives for the Town.  He initiated Human Resources enhancement, and developed a Capital Improvement Plan. Selectman Mooers commented that in his experience many people in an interim position often simply maintain the status quo; however, Town Manager Lunt immediately began setting the stage for improvements. Town Manager Lunt did so in such a way that it didn’t matter if he was replaced or not.  He instilled in the product the desire for anybody who would sit in the Manager’s chair to continue those initiatives because they made sense. Selectman Mooers commended Town Manager Lunt and told him that he was on the right track.

Selectman Bonville commented that she would have to agree with Selectman Mooers and give Town Manager Lunt high marks. Selectman Bonville stated that she thought Kathi Mahar should be thanked for helping Town Manager Lunt with developing his Capital Improvement Plan. Selectman Bonville thought that the HR project could have had some of the work done in house, with less expense to the Town. She commented that she felt that Town Manager Lunt struggled with the budget which is a huge part of the Town Manager’s job. Selectman Bonville stated that the Board of Selectmen shouldn’t have to track down budget information or do the prepatory work. She also felt that the financial reports have issues which need to be addressed; the reports have errors which cause Department Heads to make decisions based on wrong information. Selectman Bonville commented that she senses frustration in some town staff.  She commented that she thought if this is not addressed, the Town might lose valuable personnel. Selectman Bonville stated that the bottom line was that she was bothered mostly by the lack of accuracy of the information that the Board receives. Selectman Bonville stated that she was pleased, but there are issues that need to be addressed.

Town Manager Lunt admitted that he has been in an unusual situation, transition is always difficult, and progress is slow. Town Manager Lunt agreed that he had some work to do.

Selectman Mooers moved to return to regular session at 8:55PM, seconded by Selectman Bonville. The motion was approved 4-0. No action taken.

Selectman Mooers moved to adjourn the meeting at 9:00PM, seconded by Selectman Bucklin. The motion was approved 4-0.

XI.     Adjournment



Respectfully submitted,
Jean Bonville
Secretary



Signed by
John Macauley
Secretary at time of approval