MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, February 16, 2010
A meeting of the Board of Selectmen was held this date in the Community Room at the Somesville Fire Station, Somesville.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, and Jean Bonville, Town Manager Michael MacDonald, Fire Chief Michael Bender, Public Works Director Tony Smith, Finance Director John Graves, Code Enforcement Officer Kim Keene, Recording Secretary Jennifer McWain and members of the public. Selectman Marilyn Damon was absent.
I. Call to order.
Chairman Richardson called the meeting to order at 6:30PM
II. Minutes
A. Approval of minutes of Regular Meeting of December 21, 2009 and February 1, 2010.
Selectman Bonville moved to approve the amended minutes for December 21, 2009 and February 1, 2010, with minor spelling corrections, seconded by Selectman Bucklin. The motion was approved 4-0.
III. Appointments and Communications
A. Present Firefighter of the Year Award.
Chief Bender presented and recognized Kevin Stradley with Fire Fighter of the Year Award. Chief Bender also recognized two other dedicated Fire Fighters that were considered for awards, Fire Fighter Bruce Walton and Norris Reddish. All recipients received a standing ovation from the crowd of approximately thirty citizens at the meeting.
B. Accept resignation of Danielle Goodwin as Reception Clerk, effective February 16, 2010.
Selectman Bucklin moved to accept the resignation of Danielle Goodwin as Reception Clerk, effective February 16, 2010, seconded by Selectman Bonville. The motion was approved 4-0.
IV. Consent Agenda
A. Acknowledge receipt of monthly department reports; Assessor, Harbor Master, Public Works Highway, Wastewater, Town Clerk, Code Enforcement, Fire, Police and Finance.
B. Acknowledge receipt of monthly financials, General Ledger, Revenue Report and Expense Report.
C. Approve Liquor License for Judith Swett d/b/a Lighthouse Inn & Restaurant.
D. Acknowledge receipt of U. S. Representative Michaud status letter.
E. Acknowledge receipt of 2009 Charter Municipalities Waste Delivery Shortfall below GAT (Guaranteed Annual Tonnage).
Selectman Bucklin moved to accept items A, B, D, and E of the Consent Agenda as presented, seconded by Selectman Mooers. The motion was approved 4-0.
Consent Agenda item C. Selectman Mooers questioned the applicant’s compliance with the parking lot lease agreement with the Town. Town Manager MacDonald stated that he had spoken with the applicant about the parking lot lease agreement and that the applicant’s insurance carrier would be forwarding the certificate of insurance. Town Manager MacDonald felt that the liquor license request and the parking lot agreement were two separate issues. Selectman Mooers moved to approve the liquor license for Judith Swett d/b/a Lighthouse Inn & Restaurant, seconded by Selectman Bucklin. The motion was approved 4-0.
V. Selectmen Reports
There were no Selectmen Reports. The Board permitted Citizen George Peckham to comment and summarize the activity at the recent High School Budget meeting.
VI. Old Business
A. Define format and approve agenda for February 26, 2010 “Get to Know You Better” meeting with employees.
After a brief discussion, Selectman Bonville moved that the Board cancel this meeting for the time being. Considering the time of year, unpredictable weather and budget preparations, Bonville recommended postponing a meeting with employees until spring, seconded by Selectman Mooers. The motion was approved 4-0.
B. Review proposed Expense budget, Dept 106, Culture/Recreation/Libraries, Dept. 108, Debt and 109 All Other/Public Agencies.
Chairman Richardson commented that he felt that because the Board asked the Departments to watch their bottom line on their budgets that he felt the same should apply to other areas and requests in the budget. The Board was in agreement.
Selectman Mooers moved to approve Department 106-01/Culture/Rec in the amount of 53,700, seconded by Selectman Bucklin. The motion was approved 4-0.
Selectman Bonville inquired about funds required for heating the pool. Executive Director Anne Marie Hart from the Neighborhood House stated with a short season that the pool is sparsely heated, and that the fuel tank has not been filled since 2004. The tank will need to be filled this year. Selectman Mooers moved to approve funding for Department 106-05/ Recreation in the amount of $99,447, seconded by Selectman Bucklin. The motion was approved 4-0.
Selectman Bonville moved to approve $1,046,281 for Department 108-10/Debt with the request to indicate that the appropriation has been reduced by usage of the Wastewater Bond Repayment, seconded by Selectman Bucklin. The motion was approved 4-0.
Selectman Mooers moved to approve Department 109-20/Public Agencies in the amount of $57,867, seconded by Selectman Bucklin. The motion was approved 4-0.
Selectman Bonville moved to reduce Department 109-60/Rural Wastewater Funding from $164,000 to $160,000, seconded by Selectman Bucklin. The motion was approved 3-1, with Mooers against. Selectman Bonville moved to approve the amount of $160,000 for Department 109-60, seconded by Selectman Bucklin. The motion was approved 3-1, with Mooers against. Mooers stated that his reason for objecting to reduce the amount of the funding is that this program is for citizens that are on septic systems, and it helps them to replace their system if it fails and/or to maintain the tank. The amount of the reimbursement check grows to keep pace with costs to replace a system. Bonville noted that excess funds remaining in the current year appropriation would indicate sufficient monies would be available to
allow an increase in payments as well as an additional ten participants in the next budget year at the above approved rate.
C. Review proposed Revenue budget.
Town Manager MacDonald stated that there were minor changes in the Police Reimbursement with reductions in the state aid and reductions in revenue sharing.
D. Schedule in depth discussion and define parameters of employee health insurance options.
There was considerable discussion of what information is needed for the Board of Selectmen to analyze the comparisons of the health insurance options. The Board would like to obtain information from the Maine Employees Health Trust to be used to determine if moving to another type of plan will provide savings as well as maintain acceptable coverage. The Board agreed to postpone further discussion until after the budget process is finished. A workshop may be scheduled at a later date on this topic. Town Manager will report back to Board with requested information.
VII. New Business
A. Approve Northeast Harbor Marina Summer dockage and mooring rates as recommended by Marine Management Committee.
Marine Management Committee member Rick Savage spoke of the necessity for the rate increase to stay competitive with other harbors on the island and the coast. The proposed rates are not higher than surrounding harbors. Selectman Mooers moved to approve the Northeast Harbor Marina Summer dockage and mooring rates as recommended by Marine Management Committee, seconded by Selectman Bonville. The motion was approved 4-0.
B. Discussion of lien release process with Finance Director Graves.
There was considerable discussion with Finance Director Graves after his presentation on his lien process. Selectman Bonville was uncomfortable with releasing liens that have been foreclosed in any other form than a quit claim deed. Once a property goes to foreclosure the property automatically belongs to the Town, and until the Town decides what to do with the acquired property it stays with the Town. Finance Director Graves stated that there has been a problem finding documentation on liened properties for the year 2007 and absent that documentation finds himself in a position of questioning ownership of these properties. Director Graves emphasized the need for a process to deal with these properties.
C. Approve Bill of Sale redemption of foreclosed property, Scott and Robyn Clark.
Selectman Mooers moved to approve Bill of Sale redemption of foreclosed property, Scott and Robyn Clark, seconded by Selectman Bonville. The motion was approved 4-0.
D. Approval of Quit Claim Deed releasing lien interest on property of Blaine Haynes.
Selectman Mooers moved to approve the Quit Claim Deed releasing lien interest on property of Blaine Haynes, seconded by Selectman Bonville. The motion was approved 4-0.
E. Discussion of Charter amendments, moving Town Meeting date to June.
Selectman Bonville moved to add the question of changing the Town Meeting date to June to the Town Meeting Warrant, seconded by Selectman Bucklin. There was considerable discussion between the Board and members of the public. Inquiry was made as to whether the change would be presented at open town meeting or by referendum vote. Town Manager MacDonald stated that according to the Town Charter this question would require a referendum question after floor debate. The motion failed 2-2, with Richardson and Mooers against.
F. Discussion of Charter amendments, amend the minimum number of residents to hold a valid Town Meeting.
A proposal to amend the charter to delete the minimum number of residents required to hold a valid Town Meeting was introduced. Discussion ensued noting both voter apathy and special interest driven topics as being problematic. The item was passed over for lack of a motion.
G. Discussion of Charter amendments, remove the requirement of voting again on ordinances approved at Special Town Meetings.
There was considerable discussion of a Charter amendment to remove the requirement of re-voting on ordinances approved at Special Town Meetings. Selectman Bonville moved to remove the Charter requirement to revote, seconded by Selectman Bucklin. The motion was approved 3-1, with Richardson against.
H. Review and discussion of proposed Junkyard Ordinance.
After reviewing the proposed ordinance and considering the Town Attorney’s comment that such an ordinance is unnecessary as state statutes are more restrictive, the Board decided to not act on the proposed ordinance and directed staff to include repeal of the current Garbage, Rubbish and Litter Ordinance in the Town Warrant.
VIII. General Issues
A. Olver Associate’s drainage study report.
Public Works Director Smith provided a brief summary of the report on the Maple Lane area drainage problems and indicated that he would be meeting with Olver to go over the study in more detail and try to reduce the estimated costs in the report. The Board took no action.
IX. Committee Meetings Reports
There was considerable dialogue with Marine Management Committee member Rick Savage on the Marine Managements expectation of including a warrant article asking the Town to approve a bond for the Northeast Harbor Marina Project renovations. The Board of Selectmen directed staff to include such an article and to prepare a business plan for the Harbor with anticipated costs and funding options.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #57 for $425,738.17.
Selectman Mooers moved to approve the Treasurer’s Warrant #57 for $425,738.17, seconded by Selectman Bucklin. The motion was approved 4-0.
XI. Executive Session
None
Discussion of dates and locations for upcoming meetings. It was decided to hold a special meeting on Monday, February 22nd, to review the warrant and to discuss the public safety budget; Police, Fire, Communications and Emergency Management. The location of the meeting to be determined.
Selectman Mooers moved to adjourn the meeting at 8:35PM, seconded by Selectman Bucklin. The motion was approved 4-0.
Respectfully submitted,
Jean Bonville
Secretary
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