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Selectmen Meeting Minutes - 10/03/11
Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
October 3, 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, 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.  Selectman Macauley was excused.


I       Call to order at 6:00 p.m.
Chairman Richardson called the meeting to order at 6:00 p.m.

II      Workshop(s)
A.      Review format of Financial Reports
Finance Director Graves presented General Ledger, Revenue, and Expense Summaries for the period of YTD September 2011.  He started with the General Ledger and pointed out that the reports add up instead of down; therefore, the totals are at the top.  The far right column (Balance Net) of the Fund line should always be zero.  Selectman Shubert asked if this was cash accounting, and Finance Director Graves replied no, it’s accrual until the end of the year.  During the course of the year it is a semi-cash basis; is not an encumbrance system (earmarked for a particular expense).

Revenue report follows the same format.  The net budget equals what was adopted at Town Meeting plus any additional dollars approved by the Board.  Again totals are at the top.  Uncollected Balances are declared as revenue and booked as receivable.  Real estate taxes and liens have all been passed to collectables.  To find out where we are, we have to go back to the General Ledger.

Expense Summary shows net budget, current month’s activities, mostly debits (expenses), and the Unexpended Balance.  Selectman Shubert asked if a negative Beg Bal Net in the General Ledger Summary represents money spent in prior year, and Finance Director Graves replied yes.

Finance Director Graves explained that he presented the Board with two examples for the Expense Summary report.  One has more detail than the other.  Board agreed it would like to have the Expense Summary report show the Budget Net, Current Month Debits and Credits, YTD Net and Percentage Spent.

Chairman Richardson suggested there are accounts with names that do not make sense, such as General Ledger Assets To/From.  Finance Director Graves agreed there are accounts that need to be better defined, and we need to change the chart of accounts to better show the purpose.  We need a capital improvement budget; we need to track projects; and grants need to be accounted for separately.  He said the current system was not installed well.

Chairman Richardson asked about the Reserve Accounts Beg Bal Net and Finance Director Graves explained they represent the beginning balance for the single month shown on the report.  July’s report would show the beginning balance for the year.  Finance Director Graves demonstrated how he has designated project money under the Municipal Reserve Fund (20-24210-01 to 24210-13).

Finance Director Graves went on to explain that report data compiled early in the month is raw and has not had a thorough review.  He would prefer to present the reports late in the month (such as at the Board’s second meeting of the month) when the reports would be cleaner.  Sometimes corrections are made (adjustments) and he prefers to make them in the month the transaction originally occurred; therefore, there will be some minor adjustments the Board won’t see.  The net effect will be seen but not the actual debit/credit.

Selectman Shubert suggested there is no need to make huge changes right now because changes are coming anyway.  He said he would like to see where we stand against budget, such as a cash balance report.  Finance Director Graves described where the money is and how it is used.  Board agreed the Investment Committee needs to meet and advise.

III     Minutes
A.      Approval of minutes from September 19, 2011 meeting.

MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the minutes from September 19, 2011 as presented.  The vote was unanimous in favor, 4-0.

IV      Appointments & Recognitions
A.      Acknowledge receipt of Thank You letter to the Mount Desert Fire Department for participating in the September 11th remembrance ceremony.

MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to acknowledge receipt of Thank You letter to the Mount Desert Fire Department for participating in the September 11th remembrance ceremony.  The vote was unanimous in favor, 4-0.

B.      Appoint Joshua Jordan as a part time Police Officer effective October 4, 2011 at a rate of $15.00/hr.

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to appoint Joshua Jordan as a part time Police Officer effective October 4, 2011 at a rate of $15.00/hr.

DISCUSSION:  Selectman Shubert asked if the hourly rate is a fully loaded cost.  If not, he would like to see it in the future.

MOTION:  Selectman Shubert moved, seconded by Selectman Mooers to have future pay rates include the total cost of an employee.

DISCUSSION: Town Manager Lunt thought we could devise a report to show information such as benefits, taxes, etc.  Board discussed at length.  Chairman Richardson suggested that amount of detail was unnecessary.  Police Chief Willis stated he has to do this type of calculation each month for MDEA which entails visiting several desks in the admin department; it is very cumbersome.  Selectman Shubert said part of his issue involves the part-time employees, who are paid very well, and the need to put their wages in perspective with full-time employees.  The vote was 2-2 and the motion failed, with Chairman Richardson and Selectman Mooers voting against.

The vote on the main motion was unanimous in favor, 4-0.

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: Police Chief, and Public Works Director.

B.      Acknowledge receipt of Thank You letter from Camp Beech Cliff for the use of the Somesville Fire Station parking lot.

C.      Acknowledge receipt of MDI League of Towns July 26, 2011 meeting minutes.

D.      Acknowledge receipt of letter from Acadia National Park to AT& T Antenna Solutions Group regarding propagation maps of Mount Desert Island for possible tower locations.

E.      Acknowledge receipt of Thank You letter from Island Connections for Town of Mount Desert’s annual appropriation.

F.      Acknowledge progress meeting minutes of September 21, 2011for Stanley Brook Bridge Project.
Selectman Shubert asked to discuss item F.  He asked Public Works Director Smith how the project is really going, are there delays?  Public Works Director Smith said the project appears to be going fine; he would not agree to a time extension.  Selectman Shubert asked, under #9 Contract Modification and Invoice Issues, why the request for stainless steel rebar.  Public Works Director Smith said he doesn’t know.

MOTION:  Selectman Shubert moved, seconded by Selectman Mooers to acknowledge receipt of Consent Agenda item F.  The vote was unanimous in favor, 4-0.

MOTION:  Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge receipt of Consent Agenda items A – E as presented.   The vote was unanimous in favor, 4-0.

VI      Selectmen’s Reports
Selectman Shubert presented a list and some maps of Town owned properties.  This represents his self assigned homework on town land.  He mentioned lots 005-015, 005-073, 008-003, 010-048, 026-020, several small Seal Harbor lots, and some small Beech Hill lots.  In his opinion, lot 005-015 is doing what it should [borders Acadia National Park along Hadlock Pond].  The Ripples tract should be left as is [for affordable housing].  He thinks it is obvious what the remaining lots are used for.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman to encourage Board members to look at and be prepared to discuss the lots mentioned above at the next Board meeting.  The vote was unanimous in favor, 4-0.

Selectman Shubert praised the Police Department for keeping the detour around the Stanley Brook Bridge project under control and the Public Works Department for the signs.  He also commented that he followed a school bus around the detour today and noted that buses would not be able to maneuver the route once frost hits.

VII     Old Business
A.      Technical services proposal from Hedefine Engineering for consideration for proposed town office building addition
Public Works Director Smith introduced Mr. Hedefine and restated several pertinent details from his memo dated September 29, 2011.  The proposed fee for services is $55,500.  There will be regular progress meetings during the project.  Selectman Shubert asked what the $55,500 pays for.  Public Works Director Smith explained the fee represents electrical, mechanical engineering, architectural and civil services (as detailed in Hedefine’s proposal under Scope of Work).  Selectman Shubert wondered if the addition would meet MUBEC specs.  Public Works Director Smith replied it will be energy efficient.  Selectman Shubert asked if Department Heads had been consulted and Mr. Hedefine replied the conceptual plan presented to him contained contributions by Department Heads.  He further stated he will ensure any concerns are addressed.

MOTION:  Selectman Mooers moved, seconded by Selectman Dudman, to approve the spending of $55,500 from Town Office Building Reserve account number G20-24105-70 for the Hedefine Design Proposal and to authorize Public Works Director Smith to sign the agreement.  The vote was unanimous in favor, 4-0.

B.      CES Northeast Harbor Marina Project update and working group minutes.
Town Manager Lunt reminded the Board it had asked for regular updates.  No action required.
C.      Update on Maine Uniform Building and Energy Codes.
Chairman Richardson reported that he had asked Code Enforcement Keene to obtain a definitive answer from Maine Municipal Association’s legal services regarding the issue of adopting MUBEC (state building codes).  The bottom line is the Town does not need to have a Town Meeting to opt out of MUBEC.  Town Manager Lunt stated a lot of MUBEC will become self-enforcing unless a person can self-fund and self insure.  Banks and insurers will be requesting compliance.  By not adopting MUBEC, it takes the Town out of enforcement.  He recommends not adopting.  Selectman Shubert said this [MMA legal opinion] is the first document he has seen that is definitive.  It is his opinion the town is not in a position to enforce.  Town Manager Lunt thinks it is likely that buildings in town will be compliant to MUBEC.

MOTION:  Selectman Mooers moved, seconded by Selectman Shubert, to adopt MUBEC.  The vote was unanimously opposed, 0-4 and the motion failed.

D.      Town Manager Lunt presents September 2011 Financial Processes Review.
Town Manager Lunt began the Power Point presentation with a summary of how and why we began the process.  He referred to our present situation as “adhocracy” with very little institutional memory.  We are constantly re-inventing the wheel with each change in personnel.  He stated his objective is to build operational systems that are not dependent on incumbent department heads or the town manager.  These systems will allow managers to manage in a rational fashion from their first day of employment.

Human Resource Consultant Elizabeth McMillan stepped in with a review of individual department financial data tracking.  There is redundancy and repetition of efforts.  The bottom line is we have archaic software and decentralized data management resulting in inefficiencies and reporting nightmares.  The current software, TRIO, is a DOS system, not Windows or Web based, and there is no indication of plans to upgrade in the near future.

Town Manager Lunt expressed his concerns for the future.  There is major potential for significant staff changes due to retirements over the next 2 to 5 years.  If we don’t take steps now, history will repeat itself.  The current system not sustainable; it is not transferable; and there is no integration.  The Town cannot afford another TRIO disaster.  We don’t want another “from the top-down” decision with no analysis.  If key people left today, the system could collapse in an emergency situation.

Ms. McMillan reported the soft cost analysis shows total staff hours of 2833 at a cost of $82,000 for additional data tracking through separate spreadsheets outside of the current software system.  If you add in payroll the hours increase to 4628 and costs to $122,000.

The Vision Statement is: to fully integrate the financial and operational administrative functions of the Town of Mount Desert – utilizing continuously advancing technology.

With a Mission Statement of: to better serve the present and future citizens of the Town of Mount Desert.  This will be accomplished with the selection of continuously advancing technologies that provide efficient, integrated, paperless processes for town business administration.  To prepare for future town administrators and provide an enriching, fulfilling, and rewarding environment for employees.  Achieve solid, transparent financial performance and value long-term relationships with suppliers and contractors.

And the Motto is: Small Town – High Tech.

Ms. McMillan described the evaluation of municipal software solutions available in Maine.  Three vendors, Munis, Sage, and Unifund, were invited to demonstrate; department heads observed and completed evaluation surveys.  The results of the surveys will be discussed at the October 4th department head meeting.

Chairman Richardson wondered if the massive amounts of data tracking are reduced, can staff be reduced.  What are we going to do with people’s time?  He said he wants to see what we will save in man hours and what we will do with people if we keep them.  He agrees we are behind in technology and have an archaic system.

Selectman Shubert said the points made by the presentation are well taken.  We need to build an efficient system, and then the Town Manager needs to figure out if the people here fit the needs.  He asked Ms. McMillan if the software companies observed are ASP [Active Server Pages]; Ms. McMillan replied we can use a server on premises or remotely.  Selectman Shubert said he would rather see the Town buy a service not software; thereby reducing the worries of maintenance.  Police Chief Willis agreed.

Chairman Richardson asked if we are trying to go paperless.  Does he need to buy a computer to bring to these meetings?  A heated discussion regarding going paperless ensued.  Chairman Richardson expressed some criticism of this presentation – he would like to compare the net difference of hours to do the jobs, from the old system to the new, and what we really are going to save for time.  He also would like to know what we would gain and how it is worth the money.  He agrees it would be fair if it saves department head time; but he wants to see the numbers.  Selectman Shubert said he shares the same frustrations.  He asked if a comparison can be done with a specific area such as payroll showing how it is done now and the changes with the new system.  Selectman Mooers said he likes web based programs, and he agrees that the elimination of redundancy is important.  It appears Town Manager Lunt is spending a quarter of his time (500 hours) keying in budget data.  An integrated web base system will allow department heads to enter and update their own data.  Town Manager Lunt interjected that a web based system also allows for portals for use by Board members.  Selectman Mooers said he recognizes the expense.  Chairman Richardson said he is partly playing the devil’s advocate.  Town Manager Lunt said there would be savings simply by not paying the town manager and department heads to be data entry clerks.

MOTION:  Selectman Dudman moved, seconded by Selectman Shubert, to approve a request from John Butler to take item VIII New Business A. out order.  The vote was unanimous in favor, 4-0.

VIII    New Business
A.      Mount Desert Water District water line and Northeast Harbor Marina project.
Mr. John Butler, owner of Mount Desert Yacht Yard, explained that in April 1991 the Town granted Mount Desert Yacht Yard permission to use the Town waterline to feed the yacht yard.  With the new marina project, this agreement doesn’t seem to be acceptable to somebody.  He‘s not sure who/why/ where/when.  He would like to have the agreement and waterline remain the same during and after the project.

Noel Musson, from CES, Inc., described the upgrade of the waterlines, and reported that the engineers talked with the Water District, Morris Yacht, and others stating this would be a good opportunity to upgrade the waterline to allow Mount Desert Yacht Yard to have its own backflow.  Mr. Butler said the line is above ground with no way to be heated.  Mr. Musson said the Marina Project Working Group agreed this was a good time to upgrade and gave neighbors the opportunity to join in.  Mr. Butler explained he had just very recently been apprised of the situation and told there would be no water service.  Travis Noyes, CES, Inc., presented a plan showing the proposed waterline.  After a lengthy discussion including seasonal water lines, above ground water lines, RPZ valves and placement of, the current agreement between the Town and Mount Desert Yacht Yard, whether or not a new agreement is necessary, rational to eliminate the lengthy service and remove liability to the town, and the fact that there should be no cost to the Town.

A discussion of the sewer pump station as it relates to traded space with Mount Desert Yacht Yard resulted in Mr. Butler and Public Works Director Smith agreeing to meet and decide if the waterline can go through the Town building or if trenching needs to be done.  It is crucial to do something immediately.

MOTION: Chairman Richardson moved, seconded by Selectman Shubert, to authorize Town Manager Lunt and/or Public Works Director Smith to negotiate with John Butler of Mount Desert Yacht Yard regarding the waterline to the Yacht Yard, by use of the pump station or piggy backing in the ditch for the Yachtsmen’s building, in either case at no expense to the Town.  The vote was unanimous in favor, 4-0.

B.      Request for waiver from resident for sewer connection at 1 Lower Dunbar Road, Seal Harbor.
Public Works Director Smith referred to the request submitted by Rhonda Coffin, dated September 23, 2011.  The request is for a waiver to piggy-back on the Nelson Goodwin sewer line that connects to the Town sewer line.  He suggests approval providing she meets the conditions of the Town of Mount Desert Sewer Ordinance, Article 4 Building Sewers and Connections to Public Sewers , Section 4.04, sub-sections (C) The Applicant has to prove to the satisfaction of the Agent that they have right, title, or interest to use the existing building sewer. And (D) The Applicant agrees in writing to the satisfaction of the Agent to assume all liability for the installation and maintenance of their proposed building sewer.

MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the request from Rhonda Coffin of a waiver for the sewer connection at 1Lower Dunbar Road, Seal Harbor.  The vote was unanimous in favor, 4-0.

VII     Old Business, continued
E.      Comprehensive Plan Update, discussion continued from September 19, 2011.
Town Manager Lunt explained that the Revitalization Committee wanted to know the status of the implementation of the Comprehensive Plan.  He gave them this information and thought it would be useful to the Board.  The Revitalization Committee is working on the Urban Land Institute application for next summer; ULI needs to see the town at its busiest.  ULI has worked with similar towns and has helped.

VIII    New Business, continued
C.      Authorize and release of funds, up to $4,999.00, from Reserve account # G20-24104-05 to purchase Watch Guard in car video recording unit.

MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to release funds up to $4,999.00 from Police Capital Improvement Reserve account # G20-24104-05 and authorize Police Chief Willis to purchase one Watch Guard in car video recording unit.  The vote was unanimous in favor, 4-0.

Selectman Shubert asked if only one will be purchased this year and Police Chief Willis replied, yes.

D.      Award Salt Bid for FY 2012 to ISCO at a cost of $62.18 per ton as bid with the Hancock County Planning Commission.

MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to award the Salt Bid for FY 2012 to ISCO at a cost of $62.18 per ton as bid with the Hancock County Planning Commission.  The vote was unanimous in favor, 4-0.

E.      Absentee Voting, new deadlines and restrictions.
Town Clerk Nolan referred to her memo dated September 30, 2011 and reaffirmed that the State law changes no longer allow town clerks to hand carry absentee ballots outside of the town office unless the voter has completed and Absent Ballot Application.  She suggests having a few evening office hours for the sole purpose of absentee voting during the two weeks prior to the election.  Another part of the law states that absentee ballots may not be issued to any voter whose request is received after the third business day before the election, unless special circumstances are met.  Board agreed it was up to Town Manager Lunt to set office hours, and no Board action was required.

F.      Such other business as may be legally conducted
Chairman Richardson stated the Investment Committee needs members.   Selectman Shubert agreed to serve as liaison for the Board, although he is not available for meetings Tuesdays through Thursday.  Board directed admin staff to advertise on the Town website for a citizen member.
MOTION:  Selectman Mooers moved, seconded by Selectman Dudman, to appoint Selectman Shubert as Board of Selectman liaison to the Investment Committee.   The vote was unanimous in favor, 4-0.

IX      Committee Meeting Reports
A.      None presented.

X       General Issues
A.      None presented.

XI      Treasurer’s Warrants
A.      Approve Treasurer’s Warrant #40 for $1,721,577.86.

MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve Treasurer’s Warrant #40 for $1,721,577.86.  The vote was unanimous in favor, 4-0.

XII     Executive Session
A.      None

XIII    Adjournment

MOTION: At 8:40 p.m., Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting.  The vote was unanimous in favor, 4-0.


Respectively submitted,



John Macauley
Secretary