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Selectmen Meeting Minutes - 01/04/10
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, January 4, 2010

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 Rick Mooers, Marilyn Damon, and Jean Bonville, Town Manager Michael MacDonald, Fire Chief Michael Bender, Police Chief James Willis, Police Sergeant Kevin Edgecomb, Finance Director John Graves, Assessor Kyle Avila, Public Works Director Tony Smith, Harbor Master Shawn Murphy, Town Clerk and Recording Secretary Joelle Nolan, and members of the public. Selectman Bucklin was absent.

I.      Call to order

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

II.     Minutes

        A.      None submitted.

III.    Appointments and Communications

        A.      None submitted.

IV.     Consent Agenda

A.      Acknowledge receipt of letter of appreciation from Hospice of Hancock County.
B.      Acknowledge receipt of letter of appreciation from Downeast Horizons.
C.      Acknowledge receipt of notification of aquaculture lease to Joseph Porada.
D.      Approve Automobile Graveyard Permit for Haynes Garage Inc.
E.      Acknowledge receipt of MMA estimate of impact of “natural” and “Proposed” Revenue Sharing Funding Cuts.

Selectman Mooers moved to approve the Consent Agenda as presented, with the exception of Item D.; seconded by Selectman Bonville.  A vote was called and the motion was approved 4-0.


V.      Selectmen Reports

Selectman Damon asked to set a date in late February or early March for a meeting between employees and selectmen to encourage getting to know each other better and to have an open discussion regarding town issues, such as the budget.  She also suggested refreshments be served.  Selectman Damon thought Friday afternoon, when employees picked up paychecks, would be a good time for the meeting.  It was noted that paychecks are distributed Friday mornings to Department Heads, and that individual employees do not come to the Town office.  Friday, February 26, 2010 at 1:30 was set for the meeting.  Chief Willis asked if the meeting is mandatory or optional for those who are off-duty.  Town Manager MacDonald noted that if mandatory, the town would have to pay overtime.  Selectman Mooers stated he was not in agreement with a meeting that generated overtime payment.  He thought there were other methods to collect employee opinions, and this was not the most optimum, especially when the Board has asked for zero budget increase.  Selectman Bonville said this type of meeting is not new.  Several years ago such a meeting took place each fall.  Further discussion resulted in the decision to make the meeting mandatory for those employees working that day and to close the Town Office for the meeting.

Selectman Damon moved to have a meeting between the Board of Selectmen and personnel at 1:30 p.m., Friday, February 26, 2010 in the Meeting Room, Town Hall, Northeast Harbor; seconded by Selectman Bonville.  A vote was called and the motion was approved 3-1, with Selectman Mooers voting in the negative.

Selectman Bonville gave kudos to the public works road crew for snow removal efforts this past week-end


Public Hearing

Dana Haynes DBA Haynes Garage Inc., License Renewal for Automobile Graveyard Permit.

Chairman Richardson opened the public hearing at 6:39 pm and asked for discussion.  Neither the Board nor the public had comment.  However, Selectman Mooers noted that CEO Keene’s inspection notes showed Mr. Haynes to be in compliance.  Chairman Richardson closed the public hearing at 6:40 pm.

V.      Selectmen Reports, continued

Selectman Damon reported she had a suggestion from someone in the village regarding recruitment of volunteers for the fire department: use the town’s website, and put stuffers in any mailings to residents.

IV.     Consent Agenda, continued

D.      Approve Automobile Graveyard Permit for Haynes Garage Inc.

        Selectman Bonville moved to approve the Automobile Graveyard Permit for Haynes Garage Inc.; seconded by Selectman Mooers.  A vote was called and the motion was approved 4-0.
VI.     Old Business  

        A.      Approve NEH Marina 2009-2010 budget.

Town Manager MacDonald informed the Board that new information was received today from the Maine Department of Conservation regarding an increase in submerged lands fees.  The submerged lands lease was effective July 1, 2009.  Budget line 05-505-30 will need to be adjusted or show as overspent. A brief discussion included the question of how to keep commercial fees separate from recreational fees.

Selectman Mooers moved to adjust the Northeast Harbor Marina 2009-2010 budget line item 05-505-30 to $4,416.00; seconded by Selectman Damon.  A vote was called the motion was approved 4-0.

Selectman Bonville moved to approve the Northeast Harbor Marina 2009-2010 budget in the amount of $542,000 revenue and $527,730 expenditures; seconded by Selectman Mooers.  A vote was called the motion was approved 4-0.

VII.    New Business
        
A.      Approve Stray Animal contract with Small Animal Clinic, Ellsworth.

Selectman Bonville moved to approve the Stray Animal contract with the Small Animal Clinic, Ellsworth; seconded by Selectman Mooers.  A vote was called and the motion was approved 4-0

        B.      Approve publication and advertising for “Sealed Bid Proposals for Commercial    Dock Passenger Vessel Operators/Vessels” at Northeast Harbor Marina.

Town Manager MacDonald referred to Harbormaster Murphy’s memo, ad copy, and Commercial Float Regulations.  In response to an inquiry, Harbormaster Murphy explained that the Cranberry Isles commuter boat proposal was not applicable to this opening.  Also, openings are advertised as they occur; this opening is for 6 passenger drop off/pick up only.

Selectman Mooers moved to approve publication and advertising for “Sealed Bid Proposals for Commercial Dock Passenger Vessel Operators/Vessels” at Northeast Harbor Marina; seconded by Selectman Bonville.  A vote was called and the motion was approved 4-0.

VIII.   General Issues

        A       Review and discussion of impact of exclusion and deductible increase for Highway Garage
B.      Review engineering report on condition of Highway Garage.

Town Manager MacDonald gave an overview of the issue.  Due to the condition of the highway garage roof, the town’s insurer, Maine Municipal Association has endorsed the policy to exclude roof collapse coverage and to increase the deductible for damage to the highway garage from $2,500 to $25,000.  There was reference to an engineering report that concluded the cost to repair the building would be $750,000 with no guarantee of improved efficiencies.  It might be better to tear down and rebuild.  Public Works Director Smith thought only a portion of the roof was subject to the endorsement (the so-called “shed” portion).  He is trying to determine if the shed was designed by an engineer.  Ernest Coombs, citizen and former Public Works Superintendent, said the garage is woefully inadequate for its current use and that it should take precedence over a new public safety building.  Selectman Damon recalled touring the facility last year and agrees with Mr. Coombs.  Citizen Durlin Lunt suggested considering the current uses compared to the uses when the garage was built in 1962.

There seemed to be some confusion as to whether or not the endorsement applied to the entire highway garage roof or just the portion over the shed.  Public Works Director Smith will check with MMA and report back to the Board.

Chairman Richardson asked if there is a public works sub-committee.  Public Works Director Smith replied yes; it is part of the Public Protection Committee.  Chairman Richardson spoke directly to Mr. Coombs saying he realized there are a number of issues before the town, and he is well aware of the needs of public safety, public works, and the marina.  He estimates the town could be looking at 3 to 4 million dollars over the next few years in expenditures for these issues.  As a long time Warrant Committee member, he has looked at a number of ways to save money.  Unless the citizens and Board are fine with raising taxes, there is a need to at least discuss options.  A serious look is healthy.  Mr. Coombs commented that there is a need to look at the expansion in services for a population that has remained at 2000.  Selectman Bonville said she agrees somewhat; and noted that the public safety building has yet to come before the Board.  She said the town is also looking at expenses for the Northeast Harbor sewer project; and this is all the more reason to “look” at options.

Mr. Coombs told the Board that the town crew and bus drivers built the shed and there was no engineer.  Town Manager noted the policy premium has not increased.


        C.       Authorize Town Manager to sign Maine Municipal Association Property &  Casualty Pool Endorsement.  (Increases roof collapse deductible from $2,500.00 to       $25,000.00) and statement of values.

Selectman Mooers moved to authorize Town Manager to sign Maine Municipal Association Property & Casualty Pool Endorsement that excludes roof collapse on the municipal garage, and increases the deductible from $2,500.00 to $25,000.00 and remaining coverage on the municipal garage, and statement of values; seconded by Selectman Damon.  A vote was called and the motion was approved 4-0.

        D       Review of volunteer firefighter eligibility and training requirements (Damon).

Selectman Damon asked for a distinction between mandatory and elective training.  Fire Chief Bender referred to his memo, and explained that elective training certifies a firefighter in specific areas such as responding to motor vehicle accidents.  The town pays for all training.  There are currently 28 volunteers on the roster with 18 or 19 active.  For more in-depth explanation, Chief Bender offered copies of the NFPA Standard 1002 which Selectmen Damon and Bonville accepted.  Selectman Damon said she was acting on a rumor that firefighters were being trained to death and this might be a deterrent in recruiting volunteers.  Chief Bender reviewed the training schedules and maintenance as required by several sources.  Other training is done periodically to maintain skills.
Citizen James Bright asked Chief Bender how long a firefighter must be inactive/untrained before dropped from the roster.  Chief Bender said currently there is no written time frame.  He explained he had written letters to volunteers that had gone 12 - 18 months without training and asked for a response within 45 days.  When no response was received, the individuals were dropped from the roster.  Chairman Richardson, speaking from experience as a former firefighter, noted that the Town and Chief Bender are on the line when it comes to the importance of training.

Selectman Damon inquired of Chief Bender if he had written to local people that were terminated, inviting them to re-join the department.  Chief Bender replied his is drafting a letter to be sent within a few weeks.

        E.      Review and discussion of 2010-2011 Public Works and General Government sections of 2010-2011 municipal budget.

Public Works Director Smith stated his budget is at zero percent overall; although some departments are higher as others are lower.  He reduced salt/sand dollar amount (price has gone down last few years); reduced paving amount; and reduced storm water management amount, which would have been up 2 -3 % if not asked to hold to zero.  He noted he will adjust numbers as this year progresses for items such as heat, gas, etc.  Sewer capital pump station line items have carry-overs to help pay for things like mandatory alarm systems.  He views the reserves as an insurance policy.

Overall the sewer budget is up 8% primarily due to the additional employee recommended by DEP and approved by the Board of Selectman last year.  He noted the new employees are working out very well, better than he could have hoped for.

Waste management costs are up.  ADD (Acadia Disposal District) is still negotiating with EMR, Inc. and hope to present a new contract soon, rates are up.

In building and grounds he reduced the building reserve amount.  Parks and cemeteries dollars were kept down by reducing general repairs and maintenance.

Chairman Richardson said he doesn’t understand the fluctuation in salary percentages.  Public Works Director Smith explained the Union contract dictates increases; however there also is an anniversary longevity increase factor which causes change.  Probationary employees receive an increase after 6 months.  Selectman Bonville questioned if workers’ compensation premium was paid quarterly; and if so, why the budget appears to be doubled.

Selectman Bonville asked the Board to consider a one year freeze on wages in this town. She referred to the 8% increase in health insurance costs; the economic climate; and the fact that most people are not seeing increases in income.  She acknowledged this would require opening the union contract.  Town Manager MacDonald said to address the wage freeze; he would appreciate a motion to invite the teamsters for a discussion.

Selectman Bonville moved to direct the Town Manager to pursue discussion with the Teamsters regarding instituting a one year freeze on wages; seconded by Selectman Damon.

Chairman Richardson suggested if the union agrees to the wage freeze, it would apply to all employees in an effort to treat employees the same as much as we can.  Town Manager MacDonald referred to the wage increase tables used in calculating raises; it could be used to show that non-union employees have already taken action to keep wage increases at a minimum.  Selectman Mooers said he would like to look elsewhere for cuts.  He described employees as the town’s “most valuable asset”.  He said freezing salaries before looking elsewhere would be a disservice to employees.  Selectman Bonville noted it is a lean budget being presented and department heads did a good job.  More cutting may not be the answer.  She is trying to address the times and believes a one year wage freeze is a viable option.

Public Works Director Smith requested that if there is a wage freeze, any savings be put back in the paving budget.  Citizen Edie Dunham made reference to an earlier comment regarding the increase in use of food stamps in Mount Desert.  She thought if we are worried about citizen’s ability to pay taxes, we need to look at ways to help them.  Selectman Bonville said the point is that the economy is not good and affecting everyone; summer residents are feeling it too.  Citizen Andy Horner suggested that we make sure people are taking advantage of the state circuit breaker (tax and rent rebate) program that is dramatically underused.  Citizen James Bright said a zero increase based budget is laudable; however, we are just putting off what needs to be done.  Putting off maintenance is costly in the long run.  Taxes will jump in a few years to make up the difference.  Harbormaster Murphy noted employees are already getting limited raises for jobs well done – how would the savings be used?  Citizen Coombs asked what the wage freeze will accomplish.  Is it just symbolic?  Selectman Bonville replied, no; the Board has yet to see projected revenue figures or the school budgets.  The town will have to make up for lost state revenue.  She queried Assessor Avila if new construction is down?  He replied according to permits, construction has not slowed; however he has not yet assessed new construction.

Citizen and new Warrant Committee member Kathleen Graves said she works for several summer people.  Although their taxes will still be paid if they don’t come for the summer, businesses will be hurt.  She acknowledged that we have good town employees, but she agrees with a wage freeze for one year.

A vote was called and the motion was approved 3-1, with Selectman Mooers voting in the negative.

Chairman Richardson asked how much savings there would be if we did away with garbage collection?  And would we have to pay PERC and EMR?  It was explained by law we have to provide residents with a method to dispose of waste.  Because we are a charter community with PERC, we pay a lesser rate.  We only have to recycle universal waste by law.  The town would save $206,000 if there was no curbside pickup of garbage; if there was also no spring clean up and no recycling, savings would be $223,000; and reducing garbage collection to once per week in the summer would save $12,750.  Spring clean up costs about $25,000.  Ms. Dunham commented that taxpayers might have to spend more out of pocket than there would be tax savings.  Pay per bag fee was discussed.  Phil Lichtenstein, Chairman of the Solid Waste/Recycle Committee noted numerous alternatives have been researched and presented to the Board for consideration during the past several years.  Eliminating public dumpsters and collection of commercial garbage would realize greater savings.  Mr. Lunt suggested creating a baseline that looks back several years and does a comparison of tax rates and wages.  What are we paying in taxes for services compared to several years ago?  Town Manager MacDonald noted we now have a number of mandated services; and additional services have been voted for at town meetings.  Mr. Lunt agreed and said the percentage in change may not be drastic.  The “alarming” increase in taxes may not be what it seems.

Town Manager MacDonald noted the general government budget comes in at zero, overall.  Selectman Bonville questioned Workers’ Compensation and MainePERS amounts; she will schedule an appointment with Town Manager MacDonald to review the computer worksheet.

Selectman Bonville suggested removing line item part-time seasonal in the finance department budget.  Selectman Mooers thought it prudent to leave in to avoid audit issues.  Chairman Richardson asked what is it about the finance director position that the work isn’t getting done?  Town Manager MacDonald said the learning curve of the position is lengthy.  Discussion amongst Board members recognized it was less expensive to pay $25/hr for part-time help rather than $75/hr for auditors.  When Town Manager MacDonald stated that the check book reconciliation is up to date, Selectman Bonville said check books should be balanced without bringing in someone from the outside.

Selectman Bonville moved to remove line item 102-11-501-30 part time/seasonal from the 2011 budget; seconded by Selectman Damon.  A vote was called and the motion failed 2-2, with Chairman Richardson and Selectman Mooers voting in the negative.

Selectman Bonville asked about line item 102-18-502-51employee assistance.  Town Manager MacDonald gave an overview of the Employee Assistance Program.

Selectman Bonville made the motion to increase recruiting expense line item 102-18-502-72 from $5,000 to $10,000; seconded by Selectman Damon.  A vote was called and the motion was approved 4-0.

Selectman Bonville requested a summary sheet of subsequent budget changes be provided, per line amount and amount of change.

IX.     Committee Meetings Reports

        A.      None submitted.

X.      Treasurer’s Warrants

        A.      Approve Treasurer’s Warrant #44 for $179,492.48.

        Selectman Mooers moved to approve Warrant #44 for $179,492.48, seconded by Selectman Damon. A vote was called and the motion was approved 4-0.

        
XI.     Executive Session
Selectman Damon requested an Executive Session regarding disciplinary action of an employee and when asked identified the employee as Town Manager MacDonald.  After a discussion of the legality of adding personnel related Executive Session, Board agreed to place the item in its next agenda.

Selectman Mooers moved to adjourn the meeting at 9:0 5PM, seconded by Selectman Bonville.  A vote was called and the motion was approved 4-0.


Respectfully submitted,


Jean Bonville
Secretary