MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, March 1, 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, Chuck Bucklin, Marilyn Damon, and Jean Bonville, Fire Chief Michael Bender, Public Works Director Tony Smith, Assessor Kyle Avila, Police Chief Jim Willis, Harbor Master Shawn Murphy, Joelle Nolan, Town Clerk, Finance Director John Graves, Recording Secretary Jennifer McWain, Durlin Lunt and members of the public.
Call to order.
Chairman Richardson called the meeting to order at 6:30PM
Minutes
A. Approval of minutes of Regular Meeting of January 19, 2010 and February 25, 2010.
Selectman Bucklin mentioned that the location of the meeting needed to be changed to Somesville. Selectman Bonville moved to approve the amended minutes for January 19, 2010, seconded by Selectman Damon. The motion was approved 5-0.
Selectman Mooers moved to approve the minutes for February 25, 2010, seconded by Selectman Bonville. The motion was approved 5-0.
Appointments and Communications
A. Approve appointment of Durlin E. Lunt Jr. as Interim Town Manager under terms and conditions described in Employment Contract dated March 1, 2010.
This agenda item was taken out of order. Selectman Mooers moved to take item A. out of order, seconded by Selectman Bucklin.
Durlin Lunt, acting Town Manager thanked the Board and Town staff for the opportunity to serve as Interim Town Manager. Mr. Lunt encouraged visitors to come in and chat with him, and talked about the symbolism of a ship crossing rough waters and team work.
Selectman Mooers moved to approve the appointment of Durlin E. Lunt Jr. as Interim Town Manager under terms and conditions described in Employment Contract dated March 1, 2010, seconded by Selectman Bonville. The motion was approved 5-0.
B. Approve appointment of Durlin E. Lunt Jr. as Health Officer, Overseer of the Poor and Road Commissioner.
Selectman Mooers asked for clarification that these appointments were renewed at the end of May, and that the positions of Health Officer, Overseer of the Poor and Road Commissioner were terminated with the end of the Interim Town Manager position. Selectman Mooers moved to approve the appointment of Durlin E. Lunt Jr. as Health Officer, Overseer of the Poor and Road Commissioner, seconded by Selectman Damon. The motion was approved 5-0.
IV. Consent Agenda
The Board of Selectmen discussed and voted on each Consent Agenda item individually.
A. Approve malt, spirituous and vinous liquor license for The Acadia Corporation d/b/a Jordan Pond House.
Selectman Mooers moved to approve the malt, spirituous and vinous liquor license for The Acadia Corporation d/b/a Jordan Pond House, seconded by Selectman Damon. The motion was approved 5-0.
B. Acknowledge receipt of Acadia National Park Advisory Commission commendation to Towns of Bar Harbor and Mount Desert.
This item was not available, tabled until the next Board of Selectmen meeting.
C. Acknowledge receipt of letter of appreciation from Bar Harbor Food Panty.
This item was not available, tabled until the next Board of Selectmen meeting.
V. Selectmen Reports
Selectman Damon said she received a call from Victor Forrest asking about the bidding processes for the disposal of town sludge. Mr. Forrest would like to put in a competitive bid. Selectman Damon asked what the time frame would be to get a bid ad together. Public Works Director Smith said the service that the Town uses now does impeccable work, and hiring a new service would require time to train them as to the operation of our sewer plants as well as an employee’s time to supervise the new service. Public Works Director Smith said that he could create a bid ad for the newspapers.
Selectman Damon also asked the status of the Fire Warden position and did anyone notify Lloyd Norwood. Selectman Bucklin said that he called Mr. Norwood after that meeting; and Mr. Norwood came in the next day to talk to the Fire Chief and the Town Manager. Chairman Richardson reminded the Board that at the last meeting the Board voted to repeal the “Burning of Debris Ordinance”, and go with State Statues, and that the Board had not discussed the Fire Warden status any further.
Selectman Bucklin asked what the status is on the Museum sale and inquired if the land under the Museum is the Town’s.~ He noted that the Town is still insuring the building. Interim Town Manager Lunt asked the Board if they would like him to pin the museum to a date to enter into an agreement by April 30, 2010. Selectman Mooers moved to enter into negotiations with the Museum by April 30, 2010, seconded by Selectman Bucklin. The motion was approved 5-0.
VI. Old Business
A. Approve Assessor data fee.
Tax Assessor Avila recommended the Town charge the same for the delivery of digital data via email, or on CD; a rate of $12.00. Based on an opinion by the Maine Municipal Association legal office the delivery of digital data via email must be at the same rate as if it were delivered on CD, unless the request involves more than one hour of work. Maine Municipal Association legal also advises that the Town not waive the fee for taxpayers, as there is no authority granted under State Law. Selectman Mooers moved to approve the Assessor’s data fee of $12.00, seconded by Selectman Bucklin. The motion was approved 5-0.~~~~~~~~~~
B. Review and approve executive search procedure.
Selectman Mooers presented the Board with a proposal for a procedure for a creation of an Executive Search Committee for the now vacant Town Manager position. Selectman Mooers said that the committee would have seven representatives from various Boards, Planning Board, School Board, Board of Assessment Review, Zoning Board of Appeals, one Department Head; one member of the Administration, and one Citizen at large. Participants would be chosen by their peers in their particular discipline. Then that committee would identify the qualifications for what the Town is looking for in a Town Manger. Step two of the process would be to contract with Maine Municipal Association to provide advertising, receive resumes’, and forward qualified
applicant names and resumes’ to the Executive Committee to interview. The Executive Committee would conduct a first round of interviews and then determine who met those qualifications and submit the top three candidates to the Board of Selectmen, who ~would ultimately then chose the top candidate. This proposal is offered as a means to allow for an open, inclusive, and transparent process, and presented as an objective proposal. Selectman Bonville commented that she had received a telephone call from Mike Wing who has experience in this field, and has done searches for Town Managers. Chairman Richardson commented that this is more of a procedural process rather than who will be on the committee. Selectman Bonville commented that she hoped that the committee did not become too large. ~She noted that she didn’t remember department heads ever being part of a search committee.~ She agreed that this was a good starting point. Citizen Rulon-Miller commented that he thought it
would be a conflict of interest with town employees, and to move as quickly as possible on a hiring time table. Chairman Richardson stated that the Board would need to clean up and clarify procedures for the committee. Selectman Bucklin stated that he would like to table this and bring it back in April after the budget process is finished. Selectman Mooers said that he didn’t have a problem with putting this off until April, but would like the Board to approve the concept as a means of moving forward and he so moved, seconded by Selectman Damon. The motion was approved 5-0.
VII. New Business
A. Approve addition of article to 2010 Annual Town Meeting Warrant as described below.
Article: To see if the inhabitants of the Town of Mount Desert will vote to create a Shared Training Costs Police Reserve Account in the amount of $30,000? (Account to be funded by monies reimbursed by the Town of Bar Harbor for training paid for by the Town of Mount Desert. Funds will be carried to Town's 2010/2011 budget.)
Funds received in Account 101-20-40280, $30,000.00 to be carried forward from revenue to fund above reserve account.
Police Chief Willis asked if the way that the article is written restricts the Town, and would another account have to be created next year. Selectman Bonville explained that the language of the question is intended to create a new reserve account, and once the account is created it remains as a reserve fund until spent. The explanation within the parenthesize is to note that funds are not being raised, but instead are being utilized from monies received in reimbursement for training costs incurred. ~~Chairman Richardson said that he felt the Town should make the question explanatory and take the parenthesize out of the Warrant article itself. Police Chief Willis said that this was how the town auditor suggested writing the question. Selectman Mooers moved to accept the question by dropping the
parenthesize section as an explainer, seconded by Selectman Damon. The motion was approved 5-0.
VIII. General Issues
Town Clerk Nolan mentioned that the Warrant Article to change the Town Meeting date needs to be a referendum question. In doing so the Board needs to hold a public hearing to make an order for a referendum charter change by March 19, 2010 to the Clerk’s office, and then must be filed 45 days with the Town Clerk before the election. Town Clerk Nolan reminded the Board that there will be three elections in the early part of June, and that the State usually holds an election in June, so piggybacking the Town Meeting on the State June election schedule would save money and time.
Selectman Bonville stated that she presented the June Town Meeting date to satisfy the summer resident’s requests. She presented the idea believing that it would not pass, but by bringing it to the Board she felt she had met her obligation to the Summer Resident Association. Interim Town Manager Lunt stated that he would like to have a conversation with the SRA at one of their summer meetings to encourage them to come to the BOS summer meetings. Selectman Bonville moved to withdraw article for changing Town Meeting from May to June, seconded by Selectman Bucklin. Town Clerk Nolan and Interim Town Manager Lunt will have language for the referendum question dealing with the Harbor Project at March 8, 2010 meeting. The motion was approved 5-0.
IX. Committee Meetings Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #61 for $172, 899.75.
Selectman Bucklin moved to approve Treasurer’s Warrant #61 for $172,899.75, seconded by Selectman Mooers. The motion was approved 5-0.
XI. Executive Session
None
Selectman Mooers moved to adjourn at 7:55PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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