MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 1, 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, Jean Bonville, Chuck Bucklin and Marilyn Damon, Interim Town Manager Durlin Lunt, Public Works Director Tony Smith, Town Clerk Joelle Nolan, Fire Chief Mike Bender, Police Chief Jim Willis, 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 organizational meeting of May 4 and May 17, 2010.
Selectman Bonville moved to table the minutes of May 4 to make some minors corrections, seconded by Selectman Damon. The motion was approved 5-0.
Selectman Mooers moved to table to minutes for May 17, for further review, seconded by Selectman Bucklin. The motion was approved 4-0-1, with Selectman Bonville abstaining because she was absent from the May 17th meeting.
III. Appointments and Public Requests
A. Request from Neighborhood House to close Rock End Road on August 11th and 12th, 2010 for a donor appreciation party.
Selectman Mooers moved to approve the request from the Neighborhood House to close Rock End Road on August 11th and 12th, 2010 for a donor appreciation party
B. Employee Appointments approve as presented.
Selectman Mooers moved to approve the slate of employee appointments and reauthorize them as presented, seconded by Selectman Damon. The motion was approved 5-0.
C. Authorize Town Manager and designee to sign all liquor license applications on behalf of the Board of Selectmen.
Selectman Bonville stated that she wasn't sure if the Board of Selectmen had the authority to designate anyone else other than the Board of Selectmen to sign all liquor licenses. Selectman Mooers stated that in the past there were special functions that were seeking special permits to serve alcohol for one or two days, and the Town Manager was able to sign those permits, not a business’s season's license. Town Clerk Nolan suggested rewriting the order for the next Board meeting and designated which licenses can have a designee to sign instead. Selectman Mooers moved to table item C and brought back at the next regular meeting, seconded by Selectman Damon. The motion was approved 5-0.
D. Boards and Committee Appointments, approved as presented.
Selectman Mooers made a comment saying that he believed that he was appointed to the Investment Committee as a liaison, as well as the Public Protection Committee not a voting member of either and wanted to just clarify.
Selectman Bucklin moved to remove Selectman Mooers as a voting member on the Investment Committee, and approve the Investment Committee list as presented, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Bonville stated that Nick Burnett's name would have to be removed from the Solid Waste and Recycling Committee, because he had resigned. Selectman Mooers moved to approve the Marine Management Committee, Public Protection Committee, Shellfish Committee and Solid Waste and Recycling Committee appointments as presented, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Bonville moved to approve the Traffic and Warrant Committee appointments as presented, seconded by Selectman Mooers. The motion was approved 5-0.
Selectman Mooers moved to approve the Board of Appeals, Planning Board and Zoning Board of Appeals appointments as presented, seconded by Selectman Bonville. The motion was 5-0.
There was discussion with Fire Chief Bender about the status a Fire Warden. Fire Chief Bender stated that per State statue the Town needs to appoint a Fire Warden. The voters repealed a local existing ordinance for the Fire Chief and the Fire Warden to issue permits, so we need to appoint a Fire Warden. Selectman Mooers read the State statue and offered it as consideration, but stated that the Town needs to look at consistency and stick with State statue. Selectman Mooers thanked Lloyd Norwood for serving the Town as Fire Warden and moved to appoint Fire Chief Bender as Fire Warden, seconded by Selectman Bonville. The motion was approved 3-2, with Selectman Bucklin, and Selectman Damon voting against.
E. Election Clerk appointments for May 2010 through May 2012, approve as presented.
Selectman Mooers moved to approve the Election Clerk appointments for May 2010 through May 2012 as presented, seconded by Selectman Bucklin. The motion was approved 5-0.
F. Appoint Stephen Oaks as a seasonal packer truck helper effective June 14, 2010 at a rate of $12.00/hr.
Selectman Mooers moved to approve the appointment of Stephen Oaks as a seasonal packer truck helper effective June 14, 2010 at a rate of $12.00/hr, seconded by Selectman Bonville. The motion was approved 5-0.
G. Appoint Jordan Zwerdling as recycling attendant and summer helper for wastewater treatment plants at a rate of $12.00/hr.
Selectman Mooers moved to approve the appointment of Jordan Zwerdling as recycling attendant and summer helper for wastewater treatment plants at a rate of $12.00/hr, seconded by Selectman Bucklin. The motion was approved 5-0.
H. Appoint Ryan Lawson as full time temporary Officer at a rate of $17.00/hr.
Selectman Mooers moved to approve the appointment of Ryan Lawson as full time temporary Officer at a rate of $17.00/hr, seconded by Selectman Damon. The motion was approved 5-0.
IV. Consent Agenda (These items are considered to be routine, and therefore, will not be allotted Selectmen discussion time on the agenda. The items may be passed by the Selectmen in one blanket motion. Any Board member may remove an item from the “Consent” portion of the agenda for discussion or questions by requesting such action prior to consideration of that portion of the agenda.)
A. Acknowledge Finance Director letter to Acadia Trust.
B. Acknowledge letter from Maine Public Utilities Commission on plan to develop 15 to 17 point of service action points plan.
C. Acknowledge letter from Emily Seeger of Acadia National Park regarding conservation easement on the northwestern side of Lower Hadlock Pond (land purchase from the Water Company).
D. Acknowledge memo from Town Clerk Nolan regarding Board and Committee minutes.
E. Acknowledge letter to Police Chief Willis regarding thank you’s for working on the ambulance antenna project.
F. Acknowledge letter from Hancock County Emergency Management Agency RE: NIMS Compliance.
G. Acknowledge letter to Police Chief Willis RE: Leading by Legacy Program.
Selectman Bonville stated that she was confused on the Finance Directors letter to Acadia Trust, and wanted to know where the figures used in the letter were from. Selectman Bonville moved acknowledgement, seconded by Bucklin. The motion was approved 5-0.
Selectman Mooers moved to approve items B through G of the Consent Agenda as presented, seconded by Selectman Bonville. The motion was approved 5-0.
V. Selectmen Reports
Selectman Bucklin wanted to thank Jim Wilmerding for receiving an EMS award representing the Northeast Harbor Ambulance Service; says a lot for our local ambulance service and represents the Town of Mount Desert well.
Selectman Bonville wanted to know if the Tax Club applications were going to be included in with the up-coming tax bill mailing.
Selectman Bonville also stated that the Board needs to appoint who they would use for legal counsel from Town matters.
VI. Old Business
A. Review of current state of human resources policies with Darrell Philips.
Selectman Bonville moved to take this agenda item out of order (before Consent Agenda), seconded by Selectman Mooers. The motion was approved 5-0.
Mr. Philips handed out information to review and gave a presentation for the Board about the current state of the human resources policies for the Town. Town Manager Lunt stated that he would to use Mr. Philips as his consultant, and would like permission from the Board to start exploring and seeking out people that have this sort of background and experience and bring something back to the Board. Selectman Bonville moved from approval for Town Manager Lunt to move forward on this project, seconded by Selectman Damon. The motion was approved 5-0.
B. Continued discussion about the Town joining the Healthy Beach Program.
Selectman Damon stated that she would like to see the Town participate in the program. That it shows that we as a Town are responsible for the health of our beaches. Town Manager Lunt recommends joining of the program also, and that instead of closing the beaches advisories would be posted, there would be little risk. Public Works Director Smith stated that an advisory goes out to the public after multiple tests of the beach water. The Town has a new wastewater treatment plant with a new crew and he would approve of the Town joining the program. Selectman Damon moved to join the Town of Mount Desert to the Healthy Beach Program, seconded by Selectman Bonville. The motion was approved 5-0.
C. Continued discussion about businesses operating on Town property.
Police Chief Willis stated that currently the Town does not have an ordinance in place to prevent businesses operating on Town property. Selectman Mooers stated that after giving this much thought an affirmative action by the Board could open a can of worms in the future, and that he was not comfortable and would not support businesses operating on Town property. Selectman Damon echoed the same concerns. Selectman Mooers stated that the Board should avoid taking an affirmative request and it should be denied, and that in the future take the requests as they come. Selectman Mooers moved to grant Kristen Tucker permission to conduct her business on Town property, seconded by Selectman Damon. The motion failed 0-5.
VII. New Business
A. CEO letter vacation violation notice of May 3, 2010.
Selectman Mooers moved acknowledgement of CEO letter vacation violation notice of May 3, 2010, adding that he thought it was a good letter, seconded by Selectman Bucklin. The motion was approved 5-0.
B. Accept resignation of Patrolman Brian McGinley effective June 3, 2010.
Selectman Mooers moved to accept the resignation of Patrolman Brian McGinley effective June 3, 2010, seconded by Selectman Bonville. The motion was approved 5-0.
C. Approve BOS Meeting Schedule and Holiday Schedule for 2010-2011.
Selectman Bucklin moved to approve the BOS Meeting Schedule and Holiday Schedule for 2010-2011, seconded by Selectman Mooers. The motion was approved 5-0.
D. Authorize Town Manager to sign Acceptance and Authorization to Proceed document with CES (Marina Project).
There were questions from the public and staff. Selectman Mooers moved to table this agenda item until the next meeting, June 21, 2010, seconded by Selectman Damon. The motion was approved 5-0.
E. Report from MMA RE: Health care usages for 2008 and 2009.
There was brief discussion. Town Manager Lunt stated that based on confidentiality figures were not a true representation for administration costs and co-pays. There was no action taken by the Board.
F. Sign leases and authorize release of funds for Northeast Harbor Ambulance Antenna Project.
Police Chief Willis requested that the leases be signed and asked for authorization of release of all the monies. Town Manager Lunt stated that not all the donations had been received and that they were contingent on the Town finishing the project in 2010. Selectman Bonville cautioned Police Chief Willis on the handling the financials because we will be dealing with two fiscal years by the time this project is finished. Selectman Mooers moved to sign the leases and to have Police Chief Willis contact Brown’s Communication to go forward with the Northeast Harbor Ambulance Antenna Project, seconded by Selectman Damon. The motion was approved 5-0.
G. Accounts receivable, accounts payable and ban reconciliation spreadsheets.
Town Manager Lunt stated that these reports were the monthly updates. The was no action taken by the Board.
H. Accept bid for John Goodwin, Jr. for Steamboat Wharf Road Storm Drain.
Public Works Director Smith recommended and requested authorization to charge up to $21,444 to line number 105-01-503-74 entitled Storm Water Management of the Highways Division of the Public Works Department’s appropriations budget. Selectman Mooers moved to accept the bid for John Goodwin, Jr. for Steamboat Wharf Road Storm Drain, seconded by Selectman Bonville. The motion was approved 5-0.
I. Request permission to hold 5K race in Northeast Harbor on July 22, 2010.
Selectman Mooers moved to approve the request for permission to hold 5K race in Northeast Harbor on July 22, 2010, seconded by Selectman Bucklin. The motion was approved 5-0.
J. Accept resignation of Nick Burnett from the Solid Waste and Recycling Committee.
Selectman Mooers moved to accept the resignation of Nick Burnett from the Solid Waste and Recycling Committee, and directed staff to send a thank you note thanking Nick for his years of service, seconded by Selectman Bucklin. The motion was approved 5-0.
VIII. General Issues
A. Approve and sign application of Payments to Unpaid Taxes Policy.
Selectman Bonville moved to approve and sign the application of Payments to Unpaid Taxes Policy, with the end date being June 1, 2010 to May 31, 2011, seconded by Selectman Damon. The motion was approved 5-0.
IX. Committee Meetings Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #83 for $384,353.00.
Selectman Bucklin moved to approve Treasurer’s Warrant #83 for $384,353.00 seconded by Selectman Mooers. The motion was approved 4-1, with Selectman Bonville voting against stating that a legal payment to Eaton Peabody was charged to the wrong account.
XI. Executive Session
None
Selectman Mooers moved to adjourn at 8:50PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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