MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, April 5, 2010
A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, Northeast Harbor.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, Marilyn Damon, and Jean Bonville, Interim Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Michael Bender, Police Chief James Willis, Harbor Master Shawn Murphy, Assessor Kyle Avila, Joelle Nolan, Town Clerk, Finance Director John Graves, Recording Secretary Jennifer McWain, Accountant Kathi Mahar, Town Auditor James Wadman 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 meeting February 16, 2010.
Selectman Bonville moved to approve the minutes of February 16, 2010, seconded by Selectman Damon. The motion was approved 5-0.
III. Appointments and Communications
A. Approve appointment of Kim Keene, as General Assistance Assistant Administrator.
Selectman Bucklin moved to appoint Kim Keene as General Assistance Assistant Administrator, seconded by Selectman Bonville. The motion was approve 5-0.
B. Approve appointment of Tony Smith as Acting Town Manager.
Selectman Mooers moved to approve the appointment of Tony Smith as Acting Town Manager, seconded by Selectman Bonville. The motion was approved 5-0.
C. Approve appointment of Keating Pepper to the Board of Assessment Review for a one year term.
Selectman Mooers moved to approve the appointment of Keating Pepper to the Board of Assessment Review for a one year term, seconded by Selectman Bonville. The motion was approved 5-0.
D. Approve appointment of Kerry Taylor as Northeast Harbor Marina Mooring Agent for 2010.
Selectman Mooers moved to approve the appointment of Kerry Taylor as Northeast Harbor Mooring Agent for 2010, seconded by Selectman Bucklin. The motion was approved 5-0.
Chairman Richardson opened the first of the Public Hearings at 6:35PM; Special Amusement Permit for Main Sail Restaurant. Citizen Funderburk asked if this permit allowed for amplified music. Chairman Richardson said yes, but the permit is for indoor use only. There being no other comments from the public the hearing was closed at 6:36PM.
Chairman Richardson opened the second of the Public Hearings at 6:36PM; Article 4, Proposed Harbor Bond or Note by Referendum Election. Citizen Funderburk asked if the bond will be repaid through taxes. Chairman Richardson said the Town will attempt to pay the bond with harbor revenues and noted that any shortfalls will have to be paid through tax assessments. The amount of the bond is for up to 2.2 million dollars. Marine Management Committee (MMC) member Rick Savage offered to explain the proposed harbor bond. MMC Savage referred to a proposed plan on display during the meeting. MMC member Savage said that the amount requested by the MMC was the result of two years of hard work, but stressed that the committee did not know what the project would really cost until it
goes out to bid. The engineering advisor has told the MMC that the 2.2 million would be the outside figure, and with today's economic climate this project might be completed for much less. MMC member Savage said that he had a spreadsheet that showed that the marina revenues should take care of this total bond project, and if there was a change in revenues the Town would be obligated for the difference. MMC member Savage said that the marina has annual revenues in excess of $500.000, with a reserve account approaching $400.000 and it supports all the harbors in the Town. If it were to be spread out over five years, he sees positive returns to the Town, as well as the ability to pay off the bond. Citizen Funderburk asked if there would be net gain or net loss in parking spaces, and if the trash shed would be part of the plan. Mr. Savage replied there would be a net gain, and the trash shed was not part of the plan, and if there was a shed it would be used for visiting boats as
it was originally intended for. Citizen Favour had several questions and asked what the impact will be on property taxes; would trash facilities be made available for residents that have moorings, and asked why Mr. Savage thought the Harbor Master's building and restrooms needed to be upgraded. Mr. Savage said that the bond should be funded by the marina, and if things go according to plan there should be a positive cash flow, and there would be no impact on property taxes. As for the trash shed Mr. Savage said that he was hopeful that the Town would keep a central trash location for town's people, and the main reason for the Harbor Master's building and restrooms to be upgraded is that the present arrangement and buildings are disgusting. The Harbor Master has out grown his office; the harbor has become a year round working harbor, and the Harbor Master has no place to work on projects. Chairman Richardson stated that the total payment amortization is $175.000 to $180.000 a year.
In the event that the marina is not able to fund the entire amount, and the Town had to pay in any given year the amount would be less than ten cents on one thousand dollars of property valuation. Citizen Rulon-Miller asked how much the Town is receiving from the marina presently and would the Town be losing that if the Town has to fund the bond. The Town does not directly receive the revenues from the harbor; excess revenues go into a reserve account for future projects at the marina. A few years ago the harbor was changed to an enterprise fund, and retains its own money. Citizen Rulon-Miller asked what if the bond fails, what then, what’s the backup plan? MMC member Savage said that the committee did not have a plan if the bond fails, but was sure that the committee would be charged with a new design scheme. Selectman Bucklin asked MMC member Savage that should the bond fail would the committee consider downsizing the scope of the project. MMC member Savage said that
the committee probably would, but frankly they have not run that scenario. Savage stated that this committee has worked on this project for two years, and you couldn't work a committee any harder than the MMC has worked. No improvements have gone into the marina in over 50 years; the marina has paid dividends to the town year after year, and is a positive cash flow. Selectman Bonville responded to Rulon-Miller's question regarding the general obligation bond stating that it was on the advice of the Town's Bond Counsel that this was the way to proceed, because there was no guarantee that the Marina could support the entire project through revenue funds. Selectman Bonville asked the auditors that were present if revenues to support the bond were insufficient would the BOS have to go back to Town Meeting to seek approval for the whole marina budget or only the portion needed to meet the bond obligation through taxes. Auditor Wadman said that there would need to be a vote to
raise the portion to meet the obligations through taxes. Selectman Mooers stated that he viewed the harbor as a community asset, it is an asset of the Town of Mount Desert not just Northeast Harbor, and as responsible stewards we are charged with maintaining our community. The marina is beginning to show wear and tear and if not attended to it will become even less than what it is today. Chairman Richardson closed the public hearing at 7:06 PM
IV. Consent Agenda
A. Acknowledgement of Tax Exempt Property: Newbold Preserve.
B. Acknowledgement of Dam Safety Workshops in Hancock County.
C. Acknowledgement of letter from Maine Conservation Commission about forming a Town Conservation Commission.
D. Acknowledgement of letter from IACP New Police Chief Mentoring Project.
E. Acknowledgement of letter from Time Warner about Switched Digital Video.
F. Acknowledgement of change in Homestead Exemption 2010.
G. Acknowledge receipt of monthly Department reports: Public Works, Wastewater, Police, Town Clerk, Harbor Master, Assessing and Code Enforcement, Finance Director and Fire.
Selectman Mooers moved to accept items A-G of the Consent Agenda as presented, seconded by Selectman Bonville. The motion was approved 5-0.
IV. Selectmen Reports
Selectman Bucklin wanted to thank Police Chief Willis and Town Manager Lunt for proposing improvements to the Town’s municipal building without the project costing millions of dollars. Selectman Bucklin stated that the project in the Police Department was expected to exceed $5,000.00 and will be going out to bid. Selectman Bucklin stated that he would not be bidding on the project, but would be glad to work with Police Chief Willis and Public Works Director Smith to set up a plan to be put out to bid.
VI. Old Business
A. Discuss and re-approve revised LD 1 calculation worksheet.
Selectman Bonville moved to accept the revised LD 1 calculation worksheet, seconded by Selectman Mooers. The motion was approved 5-0.
B. Discuss and approve revised Marina Expense Line, new total: $516,797.
Harbor Master Murphy stated that the revised Marina Expense Budget Line amount includes adding in the outlying harbors, and an increase in the submerged land lease fee. Selectman Bonville moved to approve the revised Marina Expense Budget Line, with a new total of $516,797, seconded by Selectman Mooers. The motion was approved 5-0.
C. Sign revised Warrants for the AOS and MDIRSD budget validation notes. Revision adds Question 2 regarding the continuation of the budget validation vote for another three years.
Selectman Bucklin moved to sign the revised Warrants for the AOS and MDIRSD budget validation notes, seconded by Selectman Mooers. The motion was approved 5-0.
D. Sign Municipal Officer’s Certificate of Official Text of a Proposed Charter and Land Use Ordinance change.
Selectman Bonville moved to sign the Municipal Officer’s Certificate of Official Text of a Proposed Charter and Land Use Ordinance change, seconded by Selectman Mooers. The motion was approved 5-0.
E. Sign Annual Town Meeting Warrant
Selectman Bucklin moved to sign the Annual Town Meeting Warrant, seconded by Selectman Bonville. The motion was approved 5-0.
F. Steamboat Wharf Road: Storm Drain & Pump Station Work Funding memo.
Public Works Director Smith recalled at the March 15, 2010 Board of Selectmen meeting, the Board authorized work and more investigation into funding. Director Smith would like permission to bid the project in June for construction in the fall. Director Smith would like to focus on the worst damage. Selectman Mooers moved to authorize the implementation of the project as presented, seconded by Selectman Bucklin. The motion was approved 5-0.
VII. New Business
A. Discussion with Northeast Harbor Ambulance Service regarding radio communication concerns.
Police Chief Willis stated that he was not there to represent the Ambulance Service but could sympathize with the concern. During a recent emergency call in Otter Creek, the Ambulance Service experienced a dead spot in radio coverage. Chief Willis stated that they think that they have identified solutions and would like to place receivers sites in Otter Creek and at the Beech Hill Farm and feed transmissions from those parts of Town to the school transmitter and then re-broadcast them via the internet, with radio protocol. With this system up and running it would be as close to 100% portable radio coverage effective as can be achieved. Chief Willis stated that the project will cost about $55,000.00. There is a radio reserve account that has about $35,000.00. The $55,000.00 does not cover site work, which could cost another
$10,000.00 so an approximate amount needed is $65,000.00. Ambulance personnel John March stated that radio coverage is of some urgency and advises against piece mealing the project. Chairman Richardson said that he would like to see the ambulance service contribute some money towards that project. This radio coverage problem is not a new problem, and there is a lot to this issue. Citizen Bright suggested that the Board of Selectmen write a letter to the ambulance service and ask how much they might be willing to contribute. Citizen Rulon-Miller asked if the Public Protection Committee (PPC) had looked in to this problem. Public Works Director Smith stated that the PPC has looked at the issue. Police Chief Willis stated that he has been looking at this problem for a long time and was looking for direction from the Board of Selectmen; should he keep working on this issue or not. Selectman Bucklin stated that he would like to see this issue come back to the BOS with a concrete
proposal containing costs because of its urgency, seconded by Selectman Damon. The motion was approved 5-0.
B. Northeast Harbor Main Street Merchants requesting permission to close Main Street for one night in July and August on Thursday night.
Chamber of Commerce Director Lawrence was present representing the Main Street businesses, and stated that last year the Main Street Merchants did not request to have the street closed, but this year for safety reasons and to create a pedestrian mall, they would like permission to close Main Street. The Thursday night Main Street Merchants gatherings will be every Thursday night, but they are only requesting the closure of Main Street for two nights. Selectman Mooers requested that this item be tabled until the next meeting in order to do some research into whether the Board of Selectmen have the authority to shut down a road. Police Chief Willis stated that he has authority to close roads per state statutes, and if the Board made the recommendation to close the road, he and Fire Chief Bender will talk to the parties involved and work out
the concerns. Selectman Mooers withdrew his motion. Selectman Mooers moved to recommend to the Police Chief that he close Main Street for one night in July and one night in August on a Thursday night, seconded by Selectman Bonville. The motion was approved 5-0.
C. Approve Class I Malt, Spirituous and Vinous Liquor License for Michael Phillips, d/b/a Redbird Provisions, 11 Sea Street, Northeast Harbor.
Selectman Bucklin moved to approve the Class I Malt, Spirituous and Vinous Liquor License for Michael Phillips, d/b/a Redbird Provisions, 11 Sea Street, Northeast Harbor, seconded by Selectman Damon. The motion was approved 5-0.
D. Approve Class I Malt, Spirituous and Vinous Liquor License for Stanley Enterprise Inc., d/b/a Abel’s Lobster Pond, 13 Abel’s Lane, Mount Desert.
Selectman Bucklin moved to approve the Class I Malt, Spirituous and Vinous Liquor License for Stanley Enterprise Inc., d/b/a Abel’s Lobster Pond, 13 Abel’s Lane, Mount Desert, seconded by Selectman Mooers. The motion was approved 5-0.
E. Approve Special Amusement Permit, Class E, for the Main Sail Restaurant.
Selectman Bonville moved to approve the Special Amusement Permit, Class E, for the Main Sail Restaurant, seconded by Selectman Bucklin. The motion was approved 5-0.
F. Discussion with James W. Wadman about the Town’s Audit report.
Selectman Bucklin moved to take item F out of order, seconded by Selectman Damon. The motion was approved 5-0.
Town Auditor Wadman presented highlights of the audit report. Mr. Wadman stated that the Town had a “clean opinion”, which means that the financial statements were a fair representation of the Town’s position. Mr. Wadman went on to management discussion where he touched upon the Town’s funding highlights. Mr. Wadman stated that the year-end undesignated fund balance was 6.1% of expenses. Maine Municipal Association recommends 10%. The Town has numerous reserve funds, which is a function of cash flow, as well as a Capital Improvement Account in excess of one million dollars. The combination of these accounts approximate 2 million dollars, which satisfy the recommended 10% mentioned above. Mr. Wadman moved on to the government wide financial
statements; they are a required presentation by the GASB. There were large numbers pertaining to the Town’s infrastructures. Mr. Wadman said that the rest of the report pertained to assets, liabilities and financial statements.
In the notes to the financial statements, all deposits were insured. Selectman Bonville asked about sizable overdrafts in Public Works and Wastewater and asked if they should be ratified by Town Meeting vote as to whether costs would be charged to surplus or use reserve funds available to cover these overdrafts. Auditor Wadman said yes to both but the standard procedure was to ratify taking the funds from surplus. Mr. Wadman stated that the management letter shows that improvements continue; however, Mr. Wadman said that the completion time of the audit this year required eight months, and that there are still some issues. The issues are in accounts receivable, accounts payable, payroll tax liabilities, and transfer of trust funds. Mr. Wadman mentioned that Town Manager
Lunt will present a written plan that Mr. Wadman and staff feel is very thorough and challenging. Selectman Bonville commented that when bank reconciliations are done there is no way to tell when they are actually processed as entries are made in the corresponding month and does not show the actual entry date for the reconciliation. Selectman Bonville wanted to note that the accounts receivable amounts had been collected. Selectman Bonville acknowledged the effort and large amount of work that Kathi Mahar has done for the Town. Selectman Bonville stated that she felt that this audit would not have looked as good as does without her knowledge and input. No action taken.
G. Discussion with Interim Town Manager about Financial Accountability Plan.
Town Manager Lunt stated that he would like to start to present the Board with monthly reports to keep track and to keep up to date on the Town’s finances. Mr. Lunt stated that he would like to start this plan in May. Mr. Lunt said that his goal was to have zero comments, after each audit, and if there is a problem fix it then, not during audits. No action taken.
H. Authorize Mount Desert Fire Department recruiting table at May 4, 2010 Town Meeting.
Selectman Mooers moved to authorize Mount Desert Fire Department recruiting table at May 4, 2010 Town Meeting, seconded by Selectman Bonville. The motion was approved 5-0.
I. Discussion and approval of Bulletproof Vest Grant Funds.
Selectman Mooers moved to approve the Bulletproof Vest Grant Funds, seconded by Selectman Bucklin. The motion was approved 5-0.
J. Discussion with Police Chief about recent Security Audit.
Police Chief Willis stated that the department was audited recently. The division of the State Police that oversees the law enforcement information that comes into dispatch occasionally do audits to make sure departments are following the rules. The auditors had issues with the unrestricted access to the terminal space or any space where there are computer terminals. These areas required special access. This would mean restricting the ambulance crew. Dispatch would have to let them into the department using an intercom and a camera. Chief Willis stated that he met with Selectman Bucklin to discuss some ideas that he had about creating secure entrances and that it would involve moving a few doors. It would also address some other issues that involve security within the department. Police Willis stated that he was looking for guidance
from the Board of Selectmen to bring back a plan.
Police Chief Willis referred to a letter in their packet from the State of Maine Fire Marshall citing the Fire Chiefs office as not being up to code. Chief Willis brought this up because the ambulance service at one point had offered to move out of the Police Department and into the fire room area. If they could move there they would be outside the department’s secured area. Selectman Mooers moved to table the Fire Chief’s Office problem and to place it on the next agenda, seconded by Damon. The motion was approved 5-0.
K. Sign Memorandum of Lease for the Great Harbor Maritime Museum.
Selectman Damon moved to stay in new business and take letter “K” out of order, seconded by Selectman Bucklin. The motion was approved 5-0.
Town Manager Lunt stated that the agenda item should also say lease and sale. Town Manager Lunt mentioned a couple of issues that he discussed with the museum and they were; the Town will maintain the painting of the flag pole, the removal of the telephones will be discussed later, if the museum wants the telephones to be gone, the bathrooms will belong to the museum, the Town will no longer clean them, and the museum can choose to close them, and if the museum does any major work out front of the museum, that the museum will notify the Town. Town Manager Lunt stated that if the museum does go defunct in the first twenty years the Town will acquire the property through a roll- over clause. During the second twenty years if the Town needs the building in an emergency that could void the lease. Selectman Bonville moved to sign the Memorandum
of Lease and sale for the Great Harbor Maritime Museum, seconded by Selectman Damon. The motion was approved 5-0.
L. Award Marine Management Committee’s recommendation for 6-pack drop off/pick up position Commercial Dock Operator.
Selectman Mooers moved to Award Marine Management Committee’s recommendation for 6-pack drop off/pick up position Commercial Dock Operator to Newman and Gray, seconded by Selectman Bonville. The motion was approved 5-0.
VIII. General Issues
A. Discussion of the Town’s possible participation in MMA’s Leadership Program.
Fire Chief Bender explained that the Town’s possible participation in MMA’s Leadership Program would involve an evaluation of the Town’s safety programs, workplace safety and it is a little more stringent than a regular safety audit. If the Town can score high enough on the evaluation according to the standards that MMA sets to be in the program the town can receive a small savings on insurance premiums. Chairman Richardson said that the Board supports the Safety Committee and their decision as to whether or not to participate in the program. No action taken.
B. Discussion with Interim Town Manager about Department projected ending balances, carry forwards and net savings.
Town Manager Lunt thought that as the end of the fiscal year nears the Board would like to see what the departments are projecting for ending balances, carry forwards and net savings. This was for informational purposes only. No action taken.
C. Discussion with Police Chief about Bureau of Highway Safety Grant for summer 2010.
Police Chief Willis stated that the grants are with conditions for specific enforcement, such as speed enforcement, seat belt enforcement, and OUI among others. Chief Willis surveyed the department officers and they were willing to do the speed enforcement during July and August, two times a week. The deadline for the grant is April 16th. Selectman Mooers said that the residents of Somesville were very appreciative of the additional presence last year for the speeding problem. Selectman Mooers moved to approve the Bureau of Highway Safety Grant for summer 2010 for speed enforcement, seconded by Selectman Bonville. The motion was approved 5-0.
D. Discussion of public meeting for review of Warrant Articles.
Town Manager Lunt said that Selectman Damon suggested having a public meeting to review the Warrant Articles as had been done in the past. Mr. Lunt said that he had contacted Moderator Bill Ferm, and he was also interested in having a public meeting. Mr. Lunt said that no date has been selected. The meeting might be held at and hosted by the library. Mr. Lunt will report back to the Board with more details as they become available. No action taken.
E. Discussion and approval of Sale of Town Acquired Property.
Finance Director Graves stated that the Town had crossed the April 1st date for the sale of Town Acquired Property. Selectman Mooers moved to approve the sale of the property to the former owner, David Shultz, seconded by Selectman Bonville. The motion was approved 5-0.
IX. Committee Meetings Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 70 for $383,366.08.
Selectman Mooers moved to approve Treasurer’s Warrant #70 for $383,366.08, seconded by Selectman Bucklin. The motion was approved 4-1, Selectman Bonville voting against.
XI. Executive Session
None
Chairman Richardson read a letter that he received from Robin Bennett, Town Manager of Southwest Harbor inviting the Town of Mount Desert Board of Selectmen along with other towns on the island to come to an informal discussion. This gathering would be a brainstorming session to see how the Towns could work together to share or to consolidate services, as well as identifying mutual areas of interests and concerns. No action taken.
Selectman Mooers moved to adjourn at 9:30PM, seconded by Selectman Damon. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
| 
