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Selectmen Meeting Minutes - 07/06/10
MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, July 6, 2010

A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, Northeast Harbor ME.

Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, Jean Bonville and Marilyn Damon, Interim Town Manager Durlin Lunt, Public Works Director Tony Smith, Town Clerk Joelle Nolan, Fire Chief Mike Bender, Assessor Kyle Avila, Shawn Murphy Harbor Master, Recording Secretary Jennifer McWain, 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 regular meeting of March 15, 2010.

Selectman Mooers moved to approve the minutes as amended with 2 corrections, page 1, line 42 change Bucklin to Sumner Rulon-Miller and page 3, line 28 drop the word federal seconded by Selectman Bonville. The motion was approved 5-0.

III.    Appointments and Public Requests

A.        Approve appointment of Robert Ho as a member of the Planning Board.

           Selectman Bucklin moved to approve the appointment of Robert Ho as a member of the Planning Board, seconded by Selectman Damon. The motion was approved 5-0.
           
IV.       Consent Agenda
           
A.        Acknowledgement of informational request from Mike Michaud.
B.         Acknowledgement of letter from John Glowa of Maine DEP explaining the consent decree penalty calculation for the Somesville Wastewater Treatment Plant.            
C.        Acknowledgement of minutes from League of Towns May 25, 2010 meeting.
D.        Acknowledgement of Summer Residents Association meeting July 15, 2010.

           Selectman Mooers moved to approve items A-D of the Consent Agenda as presented, seconded by Selectman Damon. The motion was approved 5-0.

           Lanie Lincoln, Chairman of the Board of the Summer Residents Association (SRA) was present and extended an invitation to the Board of Selectmen, and Interim Town Manager Lunt, to attend the SRA meeting on July 15, 2010 at 4:00PM at the Town Hall Meeting Room.
V.        Selectmen Reports    

None

VI.       Old Business  

A.        Discussion with Town Manager to sign Acceptance and Authorization to Proceed document with CES for the Marina Project.

           Noel Musson from CES presented a revised cost estimate to include the architectural fees to the Board per request from a previous meeting for an inspection service break down. CES solicited three proposals and received three back.  The bids ranged from $53,500 to $90,000. Mr. Musson stated that at the recent Marine Management Committee Working Group the committee reviewed the bids, and the group felt comfortable recommending the $53,500 bid from Design Group Collaborative; from Ellsworth. Mr. Musson said he wanted to get the appropriate estimates for mechanical and electrical in the design. There was talk of also doing some geo-technological work near the Harbor Master’s building because the site contains fill and dredge material and they need to understand the soils conditions for an appropriate foundation. This estimate is included in the CES service break down. Estimates for electrical and mechanical services are also included. The total cost estimate is $121,700 which includes the architectural services. Mr. Musson said that CES recommends that the Town contract separately with the architect and Town Manager Lunt could sign the contract. Mechanical and engineering would fall to CES.
            
Public Works Director Smith said that he wouldn’t recommend two separate contracts, and would have CES responsible for the entire design. The architectural firm should have liability insurance at no additional cost; have one point person to go to with questions or problems. Mr. Musson stated that the fee would increase by $35,000 if CES were to oversee the project as an administrative task. Citizen Rulon-Miller asked what square footage the architects were using for the buildings. Mr. Musson stated that they were using exactly the same design that they had developed during the planning process, and the cost was approximately $200.00 psf. Citizen Rulon-Miller also voiced concern that the project would include removal of viable trees. Mr. Musson said that CES would evaluate the health of the trees as part of the design. Public Works Director Smith commented that some of the trees on the green currently are at the end of their life expectancy.

Citizen Funderburk asked the Board if they thought that a single contract and a $3,000 to $5,000 additional fee would be a good investment to avoid the risk of delays. Selectman Mooers said that he thought a single contract offers the Town a higher degree of confidence. The project would be on target and these tasks completed by the October 2010 deadline; before looking at re-evaluating all of the projections that Mr. Musson provided tonight. Selectman Mooers stated that the Town could incur at least $3,000 to $5,000 in additional costs after October 1, with the increase in costs of materials, and labor costs going up; it might be money well spent to meet target deadline. Mr. Musson said that he was happy to do it either way; he just wanted to offer the Board options.
Selectman Mooers moved to authorize the Town Manager to sign Acceptance and Authorization to precede document with CES for the Marina Project, seconded by Selectman Damon.  The motion was approved 5-0.

Mr. Musson stated that the marina project could take eight months, and there would be on site inspections; cost range of $46,000-$55,000. Mr. Musson stated that when the contract gets narrowed down, it will be reflected in the price. Citizen Funderburk asked who would            do the site inspections. Mr. Musson stated that CES engineers and inspectors employed by CES would perform the inspection. Any plumbing or electrical work would be inspected by the Town Code Enforcement Officer.  

B.         Discussion of University of Maine at Machias offer to digitalize town parcels free of charge.
           
            Discussion of letter received from the University of Maine at Machias offering to digitize parcels from tax maps. Assessor Avila stated that he recommends participating in the next part of the project which will provide property information as a free service to the community. Chairman Richardson said that perhaps the Town will hear from them. No action taken.


C.        Discuss Town Manager search process.
           
            Selectman Mooers stated that he wanted to engage us, as a Town, in a process that is transparent, even, with maximum broad based input from not only the Board, but from the community. In doing this hopefully removing anyone’s thought that there are functions in this town that aren’t above board, by following a process that was clear, above board and fair to all participants. The process that he recommended involved first having the Board make a list of qualifications and qualities that they would like to see in their next Town Manager. The second step would be to provide Maine Municipal Association (MMA) with that list of qualifications and qualities.  MMA would then advertise for candidates.  MMA would then cull from the list any candidates that don’t fit the Town’s criteria.
            
Selectman Bucklin stated that Board talked about this in April. Since Mr. Lunt has become Interim Town Manager, he has taken great steps to provide leadership for the town. Selectman Bucklin stated that he didn’t think that the Town needed to go through a hiring process and that he would like to see the Board recommend Durlin Lunt as Town Manager.

Selectman Bonville said that she understood Selectman Mooers concerns and under normal circumstances the hiring process that Mr. Mooers outlined would be the way to proceed.
However, at this time the Board finds themselves in a unique situation because the Board has put someone in the position that is familiar with the Town and appears to be doing a good job. Selectman Bonville commented that her own feeling is that Mr. Lunt has a calming effect; that is needed at this time.  He knows the town and knows the people. Selectman Bonville echoed that she would like to talk with Mr. Lunt and offer him a one year contract.

Selectman Damon felt that the Town was lucky to have Mr. Lunt step forward and do the job he has done so far; mentioning the projects that he has already undertaken.  She felt it would be nice to offer Mr. Lunt a one year contract.
 
Chairman Richardson said that he couldn’t agree more with what had been said.  Mr. Lunt is certainly qualified on paper and his skills have been demonstrated over the last few months. Chairman Richardson stated that he thought that the Board could forgo the search process.

Selectman Mooers said that he didn’t want anyone to misunderstand; that he fully understands and appreciates the home court advantage that Mr. Lunt brings with him to the position. Selectman Mooers said that after reviewing Mr. Lunt’s resume, Mr. Lunt would probably do very well in a pool of applicants, he was just trying to suggest a transparent process that would bring integrity to the position that no citizen would doubt. Selectman Mooers stated that if the citizens of this community have no doubt, he would support any decision that the Board of Selectmen would make.

Citizen Blake shared Selectman Bonville’s words, saying that she said it better than he could; but that he did respect the fact that there is a process. Citizen Blake said that he thought it would be very appropriate to make an exception in this case because Mr. Lunt is so well qualified.

Citizen Funderburk shared that she has had better service under the current situation; and she would like to see Mr. Lunt become the new Town Manager. She noted that the process of transparency is very important in view of what the Town has been through in the last few years.

Citizen Lanie Lincoln encouraged the Board to give Mr. Lunt a one year contract.

Citizen Mazzie Gogolak pointed out that if she were hired as Town Manager she would want to know what the priorities were for the Town; what is the strategic plan for the Town? If the Board and Town haven’t figured out what direction to go in, how can you determine direction and criteria for a Town Manager? Citizen Gogolak suggested that the Board create a strategic planning committee which would prepare a list of projects and priorities to help the Town Manager do his job.

Selectman Bonville moved to not form a search committee, but meet as a Board and make an offer to Mr. Lunt for a one year contract under the terms and conditions that the two parties agree upon, seconded by Selectman Damon. The motion was approved 5-0.



VII.     New Business

A.       Discussion with Police Sergeant Kevin Edgecomb regarding creation of a Mount Desert    Citizen of the Year.
           
Interim Town Manager Lunt stated that Police Sergeant Kevin Edgecomb was actually asking about this program as a citizen, and that the Police Department supports its creation 100%. Citizen Edgecomb stated that he occasionally comes across citizens that are going above and beyond to help their community and would like to establish a program to recognize these citizens. Formation of a committee or criteria is still in the early stages, and he wanted to know if the Board would be interested in supporting a creation of such a program. The Board supported Citizen Edgecomb’s idea unanimously. Citizen Edgecomb will return to the Board at a later date with more information.

B          Fall meeting of elected officials from League of Towns, October 20, 2010 at the Somesville Fire Station.

           Interim Town Manager Lunt encouraged the Board to participate in the fall meeting as this would be a brainstorming session; to see what issues the other Towns are having dealing with similar demographics and area issues. Chairman Richardson asked if there would be an agenda for this meeting, for the Board to consider. Interim Town Manager Lunt said that the LOT is currently developing an agenda. The Board was receptive. Town Manager Lunt will get back with information about an agenda for the meeting.

C.        Collaboration meeting for the MDI League of Towns, November 10, 2010 at the Somesville Fire Station.

Interim Town Manager Lunt again encouraged participation in the collaborative meeting with the MDI League of Towns. He said that there had been discussion of possible group collaboration with regards to purchasing which would offer financial savings.
           
D.        Discussion on proposal from Bar Harbor Town Manager Dana Reed to form an Island wide technology group.
           
Interim Town Manager Lunt stated that Bar Harbor Town Manager Reed reports that interest has been shown in his town in forming an island wide technology group, and he is wondering if the other island communities share the same interest. There is no money being proposed at this time. Chairman Richardson stated that this subject would be a good agenda item for the collaborative meeting this fall. There were many comments from the citizens in attendance about the lack of cell phone coverage and computer internet connections on the island; and that perhaps such a group could exert more pressure on the providers to offer services. There was no action taken.

E.         Discussion of Trio accounts payable procedure.

           Interim Town Manager Lunt stated that he had asked Town Accountant Kathi Mahar to look at some programming oddities in Trio. After speaking with Harris Computer Ms. Mahar didn’t think the recommendation from Harris was worth the cost to remedy the problem, and recommended an in house procedure. Selectman Bonville agreed with the oddities in Trio accounts payable, and agreed with Ms. Mahar. There was no action taken.

F.         Request to authorize Town of Cranberry Isles to operate a vessel from Northeast Harbor Commercial Dock from October 15, 2010 to May 15, 2011.

Harbor Master Murphy stated that the Town of Cranberry Isles would be running an additional boat to accommodate the school schedules for students. There would be a morning pick up along with an evening pick up. The Town of Cranberry has met all the insurance requirements. Selectman Mooers moved to authorize the Town of Cranberry Isles to operate a vessel from Northeast Harbor Commercial Dock from October 15, 2010 to May 15, 2011, seconded by Selectman Bonville. The motion was approved 5-0.
           
G.      Authorization to expend $4,535.25 from Bartlett Island Landing Dock Improvement         Reserve Account #20-241-2-70.

Selectman Bucklin moved to authorize expending $4,535.25 from Bartlett Island Landing Dock Improvement Reserve Account #20-241-2-70 to pay for the Lanpher Associates Design, seconded by Selectman Damon. The motion was approved 5-0.

H.        Approve bid and authorize expenditure from account #20-24105-70 for Town Office Renovation Project.
           
Selectman Mooers moved to approve awarding the bid to E.L. Higgins and to authorize the expenditure of $38,642.97 from account #20-24105-70 for the Town Office Renovation Project, seconded by Selectman Bonville. The motion was approved 5-0.

I.          Approve bid and authorize expenditure from accounts #20-24105-01, 20-24105-86, 20-24105-73, 10-11320-24, 10-11320-21 and 105-04-507-12 for Steamboat Wharf Road Infrastructure Improvements.

           Selectman Mooers moved to approve the bid and authorize expenditures of $705, 859.67, from accounts #20-24105-01 ($122,068.33), 20-24105-86 ($928.33), 20-24105-73 ($101,876.01), 10-11320-24 ($390,000), 10-11320-21 ($39,762) and 105-04-507-12 ($51,225) for Steamboat Wharf Road Infrastructure Improvements, seconded by Selectman Bucklin. The motion was approved 5-0.
           
            Selectman Bucklin moved to authorize signing the Notice of Intent to Award and to sign the construction contract with R.F. Jordan on behalf of the Town, seconded by Selectman Mooers. The motion was approved 5-0.         


 J.      Request from Seal Cove Auto Museum for a Maine DOT sign.

Selectman Mooers moved to table this agenda item, seconded by Selectman Damon. The Board will send this request to Planning Board for their recommendations.

VIII.    General Issues           

            None

IX.       Committee Meetings Reports          
            None

X.        Treasurer’s Warrants

A.        None

XI.       Executive Session
None

Selectman Mooers moved to adjourn at 7:50PM, seconded by Selectman Bucklin. The motion was approved 5-0.
           
Respectfully submitted,


 Jean Bonville
Secretary