Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
November 7, 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 (arrived at 6:35 p.m.), and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer John Graves, Assessor Kyle Avila, Town Office Clerical Margaret Porter, Fire Chief Mike Bender, Police Chief Jim Willis, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; HR Consultant Elizabeth McMillan and Bob Bickmore, IT, CES, Inc. Selectman Mooers was excused.
I Call to order at 6:30 p.m.
Chairman Richardson called the meeting to order at 6:30 p.m.
II Public Hearing
A. New General Assistance Maximums.
Chairman Richardson opened the public hearing at 6:30 p.m. and asked for public discussion. Hearing none, he closed the public hearing at 6:31 p.m.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to adopt the General Assistance Maximums effective October 1, 2011 -2012. The vote was unanimous in favor, 3-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to take out-of-order agenda item VIII New Business D. Discussion with AOS #91 – Mount Desert Island Regional School System Superintendent Rob Liebow regarding a combined Special Education Reserve Fund. The vote was unanimous in favor, 4-0.
VIII New Business
D. Discussion with AOS #91 - Mount Desert Island Regional School System Superintendent Rob Liebow regarding a combined Special Education Reserve Fund.
Superintendent Liebow suggests towns collaborate by combining current resources in Special Education Reserve Funds to a combined reserve for all to draw from. He presented the Board with a detailed spreadsheet demonstrating everything from present reserves for all member schools, to pay-back schedules. The Town of Mount Desert (TMD) started its reserve in 1995/96 and in 2001/02 began adding Medicaid reimbursements as a revenue source. The TMD current reserve is $142,487, which could easily be drained depending on special needs. Medicaid is drying up and it is unlikely that more money will flow into this reserve. TMD’s initial contribution would be $49,054 based on 166 students enrolled as of October 1, 2011. The annual contribution, for approximately 10 years, would be $2,407. Towns would
continue to contribute an aggregate of $25,000 annually until the joint fund reached $750,000.
He explained the concept is to see if voters would approve removal of some of the current Special Education Reserve Fund money to pool with other towns for a joint reserve of $500,000. Percentage of enrollment would be used to determine initial, and future, contribution amounts by individual towns. Each town would be left with a portion of its own reserve. Towns would borrow from the joint reserve and pay back with interest. He likened the reserve to catastrophic insurance. Some children require out of district placement; the possibility of having special needs children is at hand for all schools. The joint reserve would be for the greater good of all member schools and allow the sharing of potential exposure. A town would be required to deplete its own reserves first, and could only borrow from the joint
reserve for placements costing over $40,000.
Superintendent Liebow said each town would need a warrant article for its Annual Town Meeting in the spring of 2012. If any Town turns this proposal down, then the combined reserve would not be formed.
Board thanked Mr. Liebow for his presentation and will take it under advisement.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to take out-of-order agenda item VII Old Business A. Discussion with County Commissioner Fay Lawson on the State of Maine proposal to consolidate dispatch service to two regional centers. The vote was unanimous in favor, 4-0.
VII Old Business
A. Discussion with County Commissioner Fay Lawson on the State of Maine proposal to consolidate dispatch service to two regional centers.
Chairman Richardson asked Police Chief Willis to introduce the subject. Chief Willis explained that at recent County budget and Police Chief meetings there was talk about reducing the Public Safety Answering Points (PSAP’s) to only two. He also heard there might be a Regional Communications Center built in Trenton. County Commissioner Fay Lawson and Renee Wellman, Director of Hancock County RCC/E 9-1-1 were present.
Ms. Lawson suggested the proposal for 2 PSAP’s is off the wall. Currently there are 26; there is a proposal for 16. She believes 2 PSAP’s are not feasible and would actually cost more. Some towns would still maintain dispatch service.
Ms. Wellman referred to the Kimball Report which recommends 15 – 17 PSAP’s. The premise is that consolidation would save money.
Ms. Lawson thought the rumor of an RCC in Trenton came from talk of expanding buildings at the airport. She said how important it is that towns contact their legislators with what they want. The County is trying to look at options, without knowing what the State is going to mandate.
Selectman Shubert asked if user fees cover the costs of PSAP’s and Ms. Wellman replied no. Towns do pay for some of the County Sheriff dispatching.
Ms. Lawson stated the County Commissioners do not know what State Commissioner Morris is planning; however, they do not agree with having only 2 PSAP’s.
Board thanked Ms. Lawson and Ms. Wellman for attending the meeting and for the information.
III Minutes
A. Approval of minutes from October 17, 2011 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from October 17, 2011 as presented. The vote was unanimous in favor, 4-0.
IV Appointments & Recognitions
A. Appoint Town Clerk Joelle Nolan as Warden for the State Referendum Election November 8, 2011.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to appoint Town Clerk Joelle Nolan as Warden for the State Referendum Election November 8, 2011. The vote was unanimous in favor, 4-0.
B. Appoint Margaret Porter as Tax Collector effective November 8, 2011 at a base pay rate of $20.27/hr.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to appoint Margaret Porter as Tax Collector effective November 8, 2011 at a base pay rate of $20.27/hr. The vote was unanimous in favor, 4-0.
C. Appoint Margaret Porter as Excise Collector.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to appoint Margaret Porter as Excise Collector effective November 8, 2011. The vote was unanimous in favor, 4-0.
Town Clerk Nolan administered the oaths to newly appointed Tax and Excise Collector Margaret Porter.
D. Appoint Edith Dunham to the Zoning Board of Appeals.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to appoint Edith Dunham to the Zoning Board of Appeals effective November 8, 2011 with a term expiring May 2012. The vote was unanimous, 4-0.
E. Appoint Christopher H. Willis as a citizen representative to the Investment Committee.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to appoint Christopher H. Willis as a citizen representative to the Investment Committee effective November 8, 2011 for a term expiring May 31, 2012. The vote was unanimous, 4-0.
F. Accept resignation of John C. Doyle from Board of Assessment Review.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to accept the resignation of John C. Doyle from the Board of Assessment Review effective immediately. The vote was unanimous, 4-0.
G. Accept resignation of David Irvin from the Salary Survey Committee.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to accept the resignation of David Irvin from the Salary Survey Committee effective immediately. The vote was unanimous, 4-0.
Board directed Town Manager Lunt to send thank you letters to Mr. Doyle and Mr. Irvin for their service to the Town.
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. Department Head Monthly Reports: Assessor, Code Enforcement Officer, and Fire Chief.
B. Northeast Harbor Marina update from CES, Inc.
C October 2011 Revenue Report for Marinas.
D. MDOT/Stanley Brook Bridge Progress Meeting Minutes October 26, 2011
E. League of Towns Collaboration Meeting Minutes May 25, 2011.
F. AT & T Mobility, LLC v. Town of Mount Desert- Rule 80B Appeal: Acknowledgment of Receipt of Summons and Complaint, Entry of Appearance, and Notice and Briefing Schedule.
G. Letters of support to Hancock County Planning Commission for USDA-RUS applications and Brownfield Assessment application.
Selectman Shubert noted the League of Towns minutes dated back to May 2011 and he wondered what has happened since May. Town Manager Lunt said these are minutes from the quarterly Collaboration Meeting; regular LOT meeting minutes have been presented to the Board as they are made available. The Collaboration is an off-shoot of LOT and meets quarterly. There was a meeting in October; minutes will follow.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to accept Consent Agenda items A-G as presented. The vote was unanimous in favor, 4-0.
VI Selectmen’s Reports
None presented.
VII Old Business, continued
B. Fireworks Ordinance information and samples from Police Chief Willis.
Chief Willis explained consumer fireworks are now legal unless a town chooses to regulate. In order to regulate, an ordinance needs to be written and presented at town meeting. Chairman Richardson polled Board members for opinions. Selectman Macauley said he preferred to have the use of fireworks permitted only by a professional and banned to the consumer. Selectman Dudman agreed; as did Selectman Shubert and Chairman Richardson. Chief Willis suggested hiring attorney James Collier to draft a sample ordinance. Attorney Collier assisted the town with its ordinance review a few years ago. Chairman Richardson suggested having a penalty. Board directed Chief Willis to work with Attorney Collier to draft an ordinance.
C. Financial Software, continued review.
Town Manager Lunt talked of the functionality of software and referred to the comparisons presented in the Board packets. He suggested having Sage present a demonstration to the Board at its next meeting. Then at the first Board meeting in December, come up with solid budget figures.
Selectman Shubert made the point that the proposed new systems involve many new areas of use and employee training is paramount to success. He wanted assurance that the cost included enough training. Town Manager Lunt stated the mistake was made last time software was purchased of not investing in enough training. He guaranteed ample training is included in the costs. Initial implementation and training time is estimated at 12 – 18 months. Selectman Shubert said although the prices look high, depending on training costs it is worth the investment. Selectman Shubert clarified that the present system is only financial; the proposals include financial, payroll, human resources, and revenue.
Chairman Richardson reviewed the various areas of costs for the new system. Robert Bickmore, the Town’s IT support person from CES, Inc., elaborated on SaaS and self-hosting. Chairman Richardson asked what we spend for IT support on the current system. Town Manager Lunt replied we budgeted $14,000, which we have spent; plus we rely on Assessor Avila for a good deal of IT support. Selectman Shubert asked for the current annual cost for TRIO and Town Manager Lunt replied $9,000.
Chairman Richardson asked how the tax records would interface and Assessor Avila stated the software he uses, Vision, talks to the new software.
Town Manager Lunt reminded the Board the proposed software accomplishes the Vision and Mission Statements adopted, and goes back to 2010 goals set; this ties it all together.
Board agreed it did not need a demonstration from Sage. However, it was suggested staff look closely at how and what information other Towns employ that are using Munis. Selectman Macauley noted the pitfalls of local internet providers and wondered how long can we survive with an outage.
Chairman Richardson said looking at the next 7 years, the costs are very similar; however it does not include the cost of new hardware.
Selectman Macauley said he would like to see more specifics on the human resource module and a comparison between the two companies.
VIII New Business, continued
A. Request from South Shore Road resident to reconsider placement of new sidewalk with granite curbs along the south side of South Shore Road.
Public Works Director Smith met with the Smith’s and is working on a solution. Chief Willis noted the Town’s Traffic Ordinance prohibits parking on sidewalks. Public Works Director Smith has proposed making parking areas on the front lawns, such as is done on Harborside Road. This is a work in progress.
Selectman Shubert asked if this homeowner has adequate space to park on his own property and Public Works Director Smith replied he would have to use some of his front yard, but yes. Public Works Director Smith stated sidewalk width can be reduce to 3 feet and still meet ADA requirements.
No Board action necessary at this point.
B. Request from Seal Harbor business and resident for storage of trailer on Town’s lot off Main Street, Tax Map 30 Lot 9.
Public Works Director Smith told the Board that the area in question is used for dumping plowed snow.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to allow the temporary storage of a trailer on Town owned property located at Tax Map 30 Lot 9, Seal Harbor.
DISCUSSION: Selectman Shubert asked if it is Town policy to deny people borrowing Town land and the reply was no. Chief Willis stated that usually parking issues come to his department and the Traffic Committee. This particular lot has been used for short-term parking by businesses, providing service to the Town. Selectman Shubert referred to the use of public land for private use, such as the docks stored at Seal Harbor Beach.
VOTE: The vote was against, 1-3 with Selectman Shubert voting yea. The motion fails.
C. Request from citizen to join Tax Club.
Chairman Richardson explained he has talked with Mr. Mitchell and Treasurer Graves; and he restated the information in the request.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to allow Doug and Betty Mitchell to join the current Tax Club.
DISCUSSION: Speaking on behalf of the office staff, Town Clerk Nolan explained that every year after the closing date for joining the tax club, staff receives requests from taxpayers join. They may not all have extenuating circumstances; however they believe there reasons are valid. Staff would appreciate having an option for these late taxpayers, other than “no, you may not join, the deadline has passed”. Board agreed any taxpayer has the option to come before the Board with a request. Assessor Avila suggested adding phraseology to the application indicating the option to appeal.
Treasurer John Graves suggested the real issue is a taxpayer’s eligibility to receive the Rural Wastewater Support Program Benefit. The ordinance states taxes must be current to qualify for the annual check. This means either the taxes have been paid in full by September 1st or the taxpayer has joined the tax club and is no more than two months in arrears. Perhaps an option could be to pay the RWSPB regardless of tax payment status. That is the issue that has brought taxpayers to the Board. Board agreed to review the RWSPB ordinance. Town Manager Lunt will place the review on a future Board agenda.
VOTE: The vote was in favor, 3-1 with Selectman Shubert voting against.
E. Request from Bar Harbor Town Manager Dana Reed for possible collaboration on aerial photo update for tax map and planning purposes.
Town Manager Lunt noted the any collaboration expense would be in budget year 2013. Mr. Reed is simply exploring the possibility of interest; there is strength in numbers, and the cost goes down. Assessor Avila said he is in agreement. He uses aerial photos everyday; they are a powerful tool. Our most recent photos date back to 2008. Chairman Richardson directed Assessor Avila to pursue the usefulness and costs, and report to the Board at a future meeting.
F. Award winter sand bid.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to award the winter sand bid for 2011 – 2012 to John W. Goodwin, Jr. at a price of $6.80 per cubic yard. The vote was unanimous in favor, 4-0.
G. Authorize release of $7,157.48 from Fire Equipment/Engine Reserve account #20-24104-71 for purchase of new pick-up truck equipment.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to authorize the release of $7,157.48 from Fire Equipment/Engine Reserve account #20-24104-71 for the purchase of new pick-up truck equipment. The vote was unanimous in favor, 4-0.
H. Accept $960 in grant funds for Bulletproof Vest Partnership.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to accept $960 in grant funds from the Bulletproof Vest Partnership for the purchase of bulletproof vest. The vote was unanimous in favor, 4-0.
I. MRC Board of Directors Election Ballot.
Town Manager Lunt made no recommendation. Selectman Dudman favored Robert Peabody from Rockport, due to the similarity of Rockport to our Town. Public Works Director Smith recommended Sophia Wilson from Orono. She is highly qualified and has good experience.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to cast a ballot for Sophia Wilson to serve as a Director on the MRC Board. The vote was in favor, 3-1 with Selectman Dudman voting against.
J. Request to close Town Office for one hour December 16, 2011 for staff luncheon.
Town Manager Lunt explained this is the annual holiday luncheon and is held at the Neighborhood House due to space issues. He commented that is especially nice to have all the employees together.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to authorize the closure of the Town Office for one hour on December 16, 2011 for a staff luncheon. The vote was unanimous in favor, 4-0.
K. Land Use Zoning Ordinance, Sign Regulations, discussion.
Town Manager Lunt explained he has brought this before the Board because he has been approached by some local business owners. They believe some of the regulations are unfair because non-profits are allowed to have signs in ways that businesses cannot. Town Manager Lunt commented that the current revitalization efforts are to encourage businesses. Many of these regulations date back to the 1970’s when billboards were an issue. The current signage rules are stringent. He requested the Board to encourage the Planning Board to review the sign section of the Land Use Zoning Ordinance with the idea of making the rules more user friendly for smaller businesses. Selectman Shubert said philosophically he believes a non-profit should not have an advantage over businesses.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to request the Planning Board to review the signage section of the Land Use Zoning Ordinance as it relates to businesses. The vote was unanimous in favor, 4-0.
L. Such other business as may be legally conducted.
None presented.
IX Committee Meeting Reports
A. None
X General Issues
None presented.
XI Treasurer’s Warrants
A. Approve Treasurer’s Warrant #57 in the amount of $924,727.56.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant #57 in the amount of $924,727.56. The vote was unanimous in favor, 4-0.
B. Approve Treasurer’s Warrant #58 in the amount of $10,325.78 (replaces voided (spoiled) check numbers 29040 through 29045).
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve Treasurer’s Warrant #58 in the amount of $10,325.78. The vote was unanimous in favor, 4-0.
XII Executive Session
A. None
XIII Adjournment
MOTION: At 8:32 p.m., Selectman Shubert moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectively submitted,
John Macauley
Secretary
| 
