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Selectmen Meeting Minutes - 08/02/10
TOWN OF MOUNT DESERT
BOARD OF SELECTMEN
MEETING MINUTES
AUGUST 2, 2010

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 Jean Bonville, Chuck Bucklin Marilyn Damon, and Rick Mooers, Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Mike Bender, Shawn Murphy Harbormaster, Finance Director John Graves, Town Clerk/Recording Secretary Joelle Nolan, and members of the public.

I.      Call to order.
Chairman Richardson called the meeting to order at 6:30PM.

II.     Minutes
A.      Approve minutes of July 19, 2010.

MOTION:  Selectman Bucklin moved, seconded by Selectman Damon, to approve the minutes of July 19, 2010 as presented.  The vote was in favor 3-0-1, with Chairman Richardson abstaining due to his absence at that meeting.

III.    Appointments and Public Requests
A.      Appoint Durlin E. Lunt as Town Manager for a period of one year at a salary of $72,800

MOTION:  Selectman Bonville moved, seconded by Selectman Bucklin, to appoint Durlin E. Lunt as Town Manager for a period of one year effective August 2, 2010.  The vote was unanimous in favor 4-0.  [Selectman Mooers had yet to arrive.]

Selectman Bonville suggested setting a time to review objectives and goals with Town Manager Lunt.  Board agreed to hold a workshop, prior to its regular meeting August 16, 2010, from 6:00 - 6:30 pm.

Selectman Mooers arrived at 6:36 pm

B.      Approve Town Counsel: Eaton Peabody-144 Thaddeus Street Portland, Joel Dearborn 120 North Main Street Brewer, Bergen & Parkinson 62 Portland Road Kennebunk, Drummond/Woodsum 8 Marginal Way Portland, James Collier 77 Mount Desert Street Bar Harbor.
Town Manager Lunt stated the Town currently has a relationship with, and/or plans to in the coming year, with the attorneys listed.  According to Town Charter section 2.6.8 (3) Board of Selectmen-Appointments, the Board shall provide for legal counsel.

MOTION:  Selectman Mooers moved, seconded by Selectman Bonville, to approve as Town counsel the attorneys list above.  The vote was unanimous in favor 5-0.

IV.     Consent Agenda
A.      Acknowledge receipt of Annual Town Meeting Minutes, May 3 & 4, 2010.
B.      Acknowledgement of June monthly report from Finance Director Graves.
C.      Acknowledgement of thank you letter to Tom Wallace for the Communication Upgrade Project.
D.      Acknowledgement of letter from William Olver, President of Olver Associates to John Glowa of Maine DEP regarding proposed Wastewater Consent Agreement.
E.      Acknowledgement of notice for Acadia Disposal Household Hazardous Waste Collection on October 23, 2010.
F.      Acknowledgement of League of Towns Minutes for June 22, 2010.
G.      Acknowledgement of League of Towns Agenda for July 27, 2010.
H.      Acknowledgement of Island Explorer ridership results for June 23 through July 21, 2010.
I.      Acknowledgement of final payment from State for severe storm damage received from June 18, 2009 through July 8, 2009.

MOTION:  Selectman Mooers moved, seconded by Selectman Bonville, to approve the Consent Agenda as presented.  The vote was unanimous in favor 5-0.

V.      Selectmen Reports       
Selectman Mooers apologized for his tardiness, and requested that the vote to appoint Durlin E. Lunt reflect his vote in favor, and recording the vote as unanimous 5-0.  Board agreed.

Selectman Bonville conveyed she is very pleased with how nice the green area around Northeast Harbor marina is maintained.  Also, thanks to Terry Savage and Patrick Smallidge from her and Selectman Damon for the tour of the wastewater treatment plant given last week.  It was very informative.

VI.     Old Business  
A.      Discussion with Finance Director Graves on old uncollected personal property and accounts receivable.
Finance Director Graves stated he is not prepared to discuss this issue, as he has not had time to work on this project due to time spent on the bond application.  He would rather continue work on this after the auditors have been here in mid-September, and present a report in early October.  Selectman Bonville thought there were not many items to take care of, and they should be addressed prior to the auditors visit.  Selectman Bucklin agreed.  Board agreed it would like to have a report by its next regular meeting in 2 weeks.

B.      Discussion of Marina Bond Application Process Update.
Chairman Richardson asked when we will know if the application is accepted.  Finance Director Graves said it should be considered by August 16th and we should know by August 25th.  

C.      Accept donations from Mt. Desert Fire Rescue Association and NEH Ambulance Service to account 104-30-509-72 Radio Reserve.
Town Manager Lunt reported the idea is to restore money to the reserve account.  The Auditors suggested doing this by a vote of the Board of Selectmen.  Selectman Bonville agreed, however the account number should be G20-24104-72.

MOTION:  Selectman Bonville moved, seconded by Selectman Bucklin, to accept donations from the Mount Desert Fire Rescue Association and Northeast Harbor Ambulance Service to Reserve Fund/Radio Reserve account number G20-24104-72.  The vote was unanimous in favor 5-0.

VII.    New Business
A.      Summer Residents Association (SRA) meeting attendance, discussion.
Board members agreed the first meeting they attended in July was beneficial to all concerned.  Board agreed only two members will attend the meeting in August.

B.      Discussion of memo from the Summer Residents Association proposing an advisory committee for the betterment of the Town consisting of year round and seasonal residents.
Sumner Rulon-Miller began the discussion by reporting that in some municipalities non-residents are allowed to vote in town elections.  Selectman Bucklin asked if there are towns in Maine that allow this, and Selectman Bonville stated no.  Maine law states a voter can have only one residence at any given time.  Selectman Mooers noted some states, RI, VA, (and FL), have passed laws allowing non-residents to vote in local elections.  There is a plethora of information on-line; he has done a great deal of research on the subject since his attendance at last year’s SRA meeting.

Elaine Lincoln, SRA President, said there is interest from summer residents in voting locally.  She then referred to the July 20, 2010 draft proposal to establish an advisory committee, consisting of 4 summer residents, 4 year round residents, and a facilitator, with the purpose of proposing planning recommendations to the Board of Selectmen.  She noted Ron Beard is very interested in facilitating.  There may also be a need for sub-committees.  Ms. Lincoln went on to say although it may take a few years to see results, we need to get started now; there is huge enthusiasm from SRA members.  She hopes two Selectmen will attend the next SRA meeting at 4:00 p.m., August 19th.  Citizen Rick Savage said he would attend to talk about the Northeast Harbor marina project.

Chairman Richardson asked Ms. Lincoln for an example of the issues.  She replied, business closures throughout the Town of Mount Desert.  The Town is not surviving nor thriving the way it should.  We need to encourage people to come and build.  Summer resident R. Anderson “Andy” Pew said he applauds the efforts.  He remembers the thriving community when he grew up here.  He noted how the fire of 1947 knocked the island flat, and it grew back; and he referred to the Jack Blum report, initiated by David Rockefeller Sr. that enumerates several points about rebuilding the island.  Many of those points were adopted.  Mr. Pew went on to say that now we have a town that is hurting and it needs the input of year round people and summer residents.  He spoke of an “us” not “we vs. them” approach.  He used the term “incubator for business” and suggested there are a number of businesses, such as mail order and data management, suitable for the current bright and hardworking population.

Chairman Richardson said he thinks it is a great idea to move in this direction; however, we need to be careful not to focus on just Main Street, Northeast Harbor.  All agreed the entire town needs to be included.

Selectman Damon thanked Mr. Pew for his concerns and noted she grew up on Main Street, Northeast Harbor; she, too, remembers a thriving community.  She said it is important to have mix of residents serving on the committee, perhaps one from each village.

George Peckham offered to serve, as did Selectman Bucklin and Selectman Mooers.  It was noted there needs to be diversity amongst the committee members.

MOTION:  Selectman Mooers moved, seconded by Selectman Bonville, to endorse the concept of an advisory committee, as presented, consisting of representatives from the Town of Mount Desert and SRA.  The vote was unanimous in favor 5-0.

Discussion continued of who should be on the committee.  Citizen/Town employee Kevin Stradley volunteered.  Selectman Damon suggested citizen/business owner (Kimball Terrance Inn & Main Sail Restaurant) Penny Fernald.  The suggestion was made, to use as a guideline, having one person from each village.  Ms. Lincoln reinforced the need to start soon.  Selectman Mooers suggested using the Town’s web page to recruit committee members, stressing the importance of participation from the whole town; and to include portions of the SRA message.  Board agreed it would like to have names to consider for its next regular meeting August 16th.

C.      MMA Legislative Policy Committee Survey.
It was noted the Town does not have a representative.  No recommendations were made for the survey.

D.      Discussion of Christopher W. Allen et al. V Town of Mount Desert (Colonel’s Deli Fire)
Town Manager Lunt said the papers have been referred to Attorney Ed Benjamin/Maine Municipal Association Legal Services, he has experience with this issue, and he believes it is defensible.  The plaintiffs are renters of the building, not owners.  Town Manager Lunt assured the Board he will keep them informed.

E.      Accept resignation of Marie Barnes as Police Dispatcher effective July 29, 2010.
Town Manager Lunt reported we have advertised in house and in the local media.

MOTION:  Selectman Bonville moved, seconded by Selectman Bucklin, to accept the resignation of Marie Barnes as police dispatcher.  The vote was unanimous in favor 5-0.

VIII.   General Issues
A.      None

IX.     Committee Meetings Reports
        A.      None

X.      Treasurer’s Warrants
A.      Approve Treasurer’s Warrant #95 for $10,017.80 for FY 2010, and #6 for $1,284,133.44 for FY 2011.

MOTION:  Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer's Warrant #95 in the amount of $10,017.80 for FY 2010.  The vote was in favor 4-1, with Selectman Bonville voting against.

MOTION:  Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer's Warrant #6 in the amount of $1,284,133.44 for FY 2011.  The vote was in favor 4-1, with Selectman Bonville voting against.

Chairman Richardson questioned why Selectman Bonville voted against the Treasurer's Warrants.  He said he does not like the concept of moving forward with something that someone feels is not right.  Selectman Bonville stated she could not sign-off if she sees things that are not correct.

When asked to elaborate, she gave as an example Warrant #95, page 1, the Bangor Hydro Electric payment; in her opinion, it should be charged to the recreational account instead of the school.  Finance Director Graves explained his reasoning for charging the school (dates of operation).  Chairman Richardson said he is trying to figure why Selectman Bonville is not signing the warrants.  Is there a bigger issue?  Are accounts mislabeled?

On Warrant #6, pages 13 & 14, Selectman Bonville questioned the reimbursement amounts for Warrants 93 & 94; she wondered if there was a double entry.  Finance Director Graves explained voided checks were involved; however, there were no double payments/entries.  There was discussion how to proceed in order to allow payments to be made.  Selectman Mooers suggested the Board could approve with “action notation” which would indicate a correction will be made.  Chairman Richardson said he would like to see, at the Board’s next meeting, how Warrant #94 is corrected.  Selectman Bonville said she could approve Warrant #95 as presented with an action notation.

MOTION:  Selectman Mooers moved, Seconded by Selectman Bucklin, to amend the previous motion to approve Warrant #95 to add an action notation for a correction due August 16, 2010.  The vote was unanimous in favor 5-0.

XI.     Executive Session
None

Adjournment
Adjournment.  The next regularly scheduled meeting is Monday, August 16, 2010, Community Room, Somesville Fire Station, Somesville.

Selectman Mooers moved, seconded by Selectman Bonville, to adjourn the meeting at 7:52 PM.  The motion was unanimous in favor 5-0.
        
Respectfully submitted,
Jean Bonville, Secretary