Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
September 19, 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 Martha Dudman, John Macauley, Rick Mooers, and Dennis Shubert; staff members Acting Town Manager/Public Works Director Tony Smith, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Finance Director John Graves, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
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 September 6, 2011 meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the minutes from September 6, 2011 as presented. The vote was unanimous in favor, 4-0-1. Selectman Shubert abstained because he was absent from the meeting.
IV Appointments & Recognitions
A. Appoint Albert Leeman to the Mechanic B position of the Highway Division of the Public Works Department effective September 20, 2011 at an hourly pay rate of $17.49, increasing to $18.41 upon successful completion of the six-month probationary period.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Albert Leeman to the Mechanic B position of the Highway Division of the Public Works Department effective September 20, 2011 at an hourly pay rate of $17.49, increasing to $18.41 upon successful completion of the six-month probationary period. The vote was unanimous in favor, 5-0.
B. Appoint Michael Tinker to the Refuse Driver/Laborer position of the Solid Waste Division of the Public Works Department effective September 20, 2011 at an hourly pay rate of $15.15, increasing to $15.94 upon successful completion of the six-month probationary period.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Michael Tinker to the Refuse Driver/Laborer position of the Solid Waste Division of the Public Works Department effective September 20, 2011 at an hourly pay rate of $15.15, increasing to $15.94 upon successful completion of the six-month probationary period. The vote was unanimous in favor, 5-0.
C. Acknowledge receipt of Thank You letter to Code Enforcement Officer Kim Keene and Recording Secretary Claire Woolfolk from Rick Fuerst.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Thank You letter to Code Enforcement Officer Kim Keene and Recording Secretary Claire Woolfolk from Rick Fuerst. The vote was unanimous in favor, 5-0.
D. Acknowledge receipt of Thank You from Bill and Wendy Foulke to Terry Savage and Wastewater Treatment Plant crew for addressing a noise issue.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to acknowledge receipt of Thank You from Bill and Wendy Foulke to Terry Savage and Wastewater Treatment Plant crew for addressing a noise issue. 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. Acknowledge receipt of Department Head monthly reports: Fire Chief, Harbor Master, and Wastewater; and Pre-Audit June 2011 Financials and August 2011 Financials.
Selectman Shubert asked to address the Wastewater report. Regarding the control switch at one of the pump stations that was inadvertently left off causing an overflow, he wondered if check systems are in place, and if there are, were they violated. Public Works Director Smith said yes there is a checklist. The error has been addressed with the employee responsible; he has been under considerable personal duress. Public Works Director Smith stated thy will be upgrading to an alarm system.
B. Acknowledge Thank You letter to Harry Madeira for years of service to the Zoning Board of Appeals.
C. Acknowledge Thank You letter to David Irvin for years of service to the Zoning Board of Appeals.
D. Acknowledge receipt of Northeast Harbor Marina Project Construction Logistics September 8, 2011 meeting minutes.
E. Acknowledge receipt of Thank You letter from the Mount Desert Chamber of Commerce for the Town.
F. Acknowledge receipt of Maine Municipal Association 2010 Workers Compensation Fund and Property Casualty Fund dividend payments
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of the Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VI Selectmen’s Reports
Selectman Shubert thought it worth noting that friends of his that cruise the local waters including Northeast Harbor, are now spending their time in Southwest Harbor partially due to lack of Main Street amenities. He referred to this as his own personal market research.
VII Old Business
A. State Building Code (MUBEC) update.
Chairman Richardson referred to the e-mail CEO Kim Keene received from Brianne Hasty of the Maine State Planning Office, and said he would like to have a Board discussion in order to see how far we need to take this issue. Selectman Shubert suggested part of the issue is whether or not we adopt the code and whether or not we enforce it if adopted. He sees it as an environmental issue. He also finds it ironic that as a town resident we hire a builder then the Town hires someone to watch the builder.
Selectman Dudman said it is hard to discuss the code without the presence of CEO Keene. She thought the Ttown had code, and it was clarified that although we do, it is for life safety. Selectman Macauley asked if we can continue what we are doing, and the reply was yes.
Chairman Richardson said he is not inclined to change. He is not aware of any severe issues in the building of homes in this town. Selectman Shubert stated at the very least when we issue building permits we need to make the permit holder aware that there is a State Code, internationally recognized, requiring inspections. Also some banks and mortgage companies may have requirements above and beyond what the Town requires.
Selectman Mooers said there are too many open ended considerations in MUBEC. He believes the policies and regulations that we function under now are sufficient. CEO Keene does a thorough job, and she’s certified.
It was noted that CEO Keene has added a notification regarding MUBEC to the building permit applications, and a disclaimer to the Certificates of Occupancy.
Chairman Richardson concluded that at a future meeting the Board will make a resolution.
B. Ratify Collective Bargaining Agreement between Teamsters Local 340 and Town of Mount Desert for the Public Works Department & Wastewater Department effective July 1, 2011 through June 30, 2014.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to ratify the Collective Bargaining Agreement between Teamsters Local 340 and Town of Mount Desert for the Public Works Department & Wastewater Department effective July 1, 2011 through June 30, 2014.
DISCUSSION: Selectman Shubert requested that future salary considerations come before Board before voted.
VOTE: The vote was unanimous in favor, 5-0.
VIII New Business
A. Authorization for release of funds from Wastewater Bond Payment Reserve account G20-24102-03 for Seal Harbor sewer bonds.
Finance Director Graves explained from his memo dated September 8, 2011. Selectman Shubert wondered why we simply didn’t reduce our indebtedness. Public Works Director Smith explained it has to do with the way National Park Service appropriates monies which were not received until after the Town’s budget was set. Mr. Graves also noted there is no prepayment allowance.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize release of funds from Wastewater Bond Payment Reserve account G20-24102-03 for a principal payment in the amount of $114,000 on Seal Harbor sewer bonds. The vote was unanimous in favor, 5-0.
B. Municipal Review Committee Board of Director Election- Candidate Nomination Form.
After a brief discussion,
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to pass on the Municipal Review Committee Board of Directors candidate nomination form. The vote was unanimous in favor, 5-0.
C. Hancock County Planning Commission Full Commission representative discussion
It was explained that this memo was put before the Board to see if there was any Board member interest in serving as a representative on the HCPC Full Commission. Public Works Director Smith gave an overview of HCPC. There was no interest from Board members to serve.
D. Comprehensive Plan update from Town Manager Lunt
Selectman Mooers said Town Manager Lunt was responding to a recent request form the Revitalization Committee. It’s a good excericise to see what is in process and engage the Board in a discussion.
Selectman Shubert said it brings to mind the project Sumner [former Selectman Rulon-Miller] was chasing down regarding Town owned property. Sumner worked with Assessor Kyle Avila to identify the properties and a list was given to the Board. Chairman Richardson suggested it makes more sense to narrow the list to vacant and or buildable lots. When asked what drove Sumner on this particular project, and the answer was transparency. Also he was looking at various ways to come up with funding for various things. Chairman Richardson expressed concerns about selling Town assets. Selectman Shubert volunteered to review the list and report to the Board. Selectman Dudman thought it a good idea to have Town Manager Lunt review his report with the Board.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to table the Comprehensive Plan update until the next Board meeting. The vote was unanimous in favor, 5-0.
E. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. None
X General Issues
A. None
XI Treasurer’s Warrants
A. Approve Treasurers Warrant # 35 in the amount of $1,369,607.54
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve Treasurers Warrant # 35 in the amount of $1,369,607.54. The vote was unanimous in favor, 5-0.
XII Executive Session
A. None
XIII Adjournment
MOTION: At 7:03p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectively submitted,
John Macauley
Secretary
| 
