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Selectmen Meeting Minutes - 09/20/10
 Town of Mount Desert
Board of Selectmen
Meeting Minutes
September 20, 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, and Marilyn Damon, Town Manager Durlin Lunt, Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Finance Director John Graves, Town Clerk/Recording Secretary Joelle Nolan, and members of the public.


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

II      Minutes
        A       Approve minutes of September 7, 2010 meeting.
Selectman Bonville explained the minutes presented for signing include amendments adding the votes for borrowing money for the Northeast Harbor Marina project.

MOTION:  Selectman Bucklin moved, seconded by Selectman Bonville, to approve the amended minutes of September 7, 2010.  The vote was unanimous in favor, 4-0.

III     Appointments
        A       Appoint John Brown, Dwight Lanpher, Mickey Shattow, and Jerome Suminsby to              the Technology Committee for a term ending May 2011.

MOTION:  Selectman Bucklin moved, seconded by Selectman Bonville, to appoint John Brown, Dwight Lanpher, Mickey Shattow, and Jerome Suminsby to the Technology Committee for a term ending May 2011.  The vote was unanimous in favor, 4-0.

IV      *Consent Agenda and Communications (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       August 2010 Department Monthly Reports, Harbormaster, Wastewater Treatment,     Police, Public Works, and Fire.
        B       2011 Hancock County Budget Hearing.
        C       Maine Public Utilities Commission Public Hearing September 22 on Draft Plan for         Public Safety Answering Point (PSAP) Consolidation.
        D       LD 1121 Senior Property Tax Deferral Program.

MOTION:  Selectman Bucklin moved, seconded by Selectman Bonville, to approve the Consent Agenda as presented.  The vote was unanimous in favor, 4-0.

V       Selectmen’s Reports
Selectman Damon asked if the public is welcome to attend sub-committee meetings of the Marine Management Committee.  Harbormaster Murphy replied yes, and the meetings will be publicized.

Selectman Damon asked what position the person holds whose office is in the corner of the Meeting Room.  It was explained that Kathi Mahar has resumed assisting the administration office, primarily with accounting issues.  Finance Director Graves noted the auditors have been here and will return for one day in October or November.  The audit will be completed in a timely fashion.

VI      Old Business
        A       Discussion with Public Works Director Smith about recycling with the City of    Ellsworth.
Public Works Director Smith presented a handout supplementing his memo dated September 16, 2010.  He further described the current structure for the Town and Acadia Disposal District (ADD).  Current cost to recycle for the Town is approximately $23,500.  The proposed cost to contract with the City of Ellsworth is approximately $12,900 (or a savings of $10,600).  Another cost saving choice would be to use Gotts Disposal for transportation, along with joining Ellsworth.  Also, having the Recycling Center manned only during the summer months would save money; highway crew could maintain it the other months.

Other towns have to decide by end of this month whether or not to join Ellsworth, due to contracts with EMR, Inc.  Trenton and Tremont have voted to change; Frenchboro is going to.  Southwest Harbor needs more information; Public Works Director Smith will revisit with them September 28th.  Cranberry Isles probably will vote to join.

Chairman Richardson asked where recycling revenue comes from.  PWD Smith replied from the sale of recyclables to Maine Resource Recovery Association; however, with the Ellsworth contract we would not be charged the per ton costs currently applied by MRRA.  Chairman Richardson asked what do we need to do now?  PWD Smith said, vote to join.

Citizen George Peckham asked why office paper isn’t recycled?  PWD Smith replied we do not have a market.

Citizen Sumner Rulon-Miller wondered could we join with Ellsworth without the other towns.  PWD Smith said yes, but it would not be as cost effective.

Selectman Bonville asked if recycling dumpsters would be emptied only once a week.  PWD Smith referred her to Table 2 of his handout; 10 dumpsters would be emptied twice a month and 1 once a month.  Selectman Bonville asked if that was sufficient to handle the amount of recyclables.  PWD Smith replied although there will have to be a trial and error period, these estimates are based on good information.  Selectman Bucklin asked what happens with cardboard we now collect; PWD Smith said it goes to EMR at an annual cost of $4,000.

Citizen Rulon-Miller asked if PWD Smith thought Southwest Harbor will join since they have a facility [EMR, Inc. transfer station].  PWD Smith thought yes because joining would be cost saving.  Selectman Bucklin asked if Southwest Harbor would then create another location for recyclable collection; and PWD Smith replied yes.

MOTION:  Selectman Bonville moved, seconded by Selectman Bucklin, to move ahead with pursuing recycling with Ellsworth.  The vote was unanimous in favor, 4-0.

        B       Discussion with Finance Director Graves for uncollected personal property taxes         for Jenkins and Train Properties.
Finance Director Graves reported he contacted Cuthbert Train.  Mr. Train sold Train Properties in 2005.  He agreed to pay $24.53 taxes remaining for 2005; and this payment was received today.  Mr. Train sold Train Properties to Prudential Properties in May of 2005.  Train Properties continued to be billed.  Maine tax law limits municipalities to only going back 3 years prior to make corrections; therefore, it is not an option to tax Prudential.  It is recommended to deem the taxes uncollectible and be abated.

FD Graves said he has been unable to reach Mr. Jenkins by phone; he will write to him this week.

MOTION:  Selectman Bonville moved, seconded by Selectman Damon, to abate Train Properties personal property taxes and interest.  The vote was unanimous in favor, 4-0.

        C       Penobscot Downeast Cable Television Consortium Invitation to join.
Town Manager Lunt reported there are two options for the Town:  full membership, or temporary agreement to join only for contract negotiations.  The Consortium charges Bar Harbor and Southwest Harbor 0.25% of Time Warner’s gross revenues for each town.  Last year Bar Harbor’s expenses were $3,125 and Southwest Harbor’s $1,418.  TM Lunt estimates our cost to be $1,400 or less.  Selectman Bonville asked if we have a contract with Time Warner and do we receive revenues?  Town Manager Lunt replied yes we have a contract, and to the best if his knowledge no we do not receive revenues.  Selectman Bonville suggested we pursue revenues.  Town Manager Lunt remarked we have the money to join.  Citizen Peckham asked if joining will benefit those who want cable and currently to do not have access.  Town Manager Lunt commented that it won’t make your case any worse.

MOTION:  Selectman Bucklin moved, seconded by Selectman Bonville, to join the Penobscot-Downeast Cable TV Consortium.  The vote was unanimous in favor, 4-0.

VII     New Business
        A       Award Salt Bid for FY 2011.
PWD Smith recommends Harcross at $66.48 per ton rather than the low bidder, Cargill, at $65.07.  As described in his memo dated September 2, 2010, Harcross will sell us salt at the DOT price, even though we did not receive the bid package to participate with DOT.  PWD Smith stated we have had good luck with Harcross; they are responsive and reliable.

MOTION:  Selectman Bonville moved, seconded by Selectman Damon, to award the salt bid to Harcross at $66.48 per ton for fiscal year 2011.  The vote was unanimous in favor, 4-0.

        B       MMA Site Survey of Pump Stations and the Parker Farm Road Treatment Plant.
PWD Smith gave kudos to Wastewater Superintendent Terry Savage for already recognizing and taking care of the issues identified in MMA’s Action Plan dated June 29, 2010 (seen as he toured with Loss Control Consultant Ann Schneider).

        C       National League of Cities Prescription Drug Program, discussion.
Town Manager Lunt said this is on the agenda in response to Selectman Mooers’ request.  In 2008, a town of our size would pay $438 in annual dues.  Town Manager Lunt has talked with the town manager of St. Agatha.  They are pleased with the program.  It is specifically for citizens that do not have prescription coverage.  Selectman Bonville wondered if it is CVS drugstore driven.  And who participates?  Selectman Bucklin suggested postponing this discussion until Selectman Mooers is present.  Board agreed.

        D       Approve expenditure of funds from Wastewater Bond Payment Reserve account G-    20-24-102-03 in the amount of $112, 381.69.
Finance Director Graves referred to his memo dated September 14, 2010.  A donation from Acadia National Park, to help pay for the Clean Water Bond the Town issued for the construction of Otter Creek-Seal Harbor Wastewater Consolidation Project, was placed in the Capital Reserve Fund and each year a portion is used to offset the expense of retiring the bonds.  At this year’s Annual Town Meeting we short changed ourselves in debt service about $6,000.  Selectman Bonville stated the amount needs to be changed

MOTION:  Selectman Bonville moved, seconded by Selectman Bucklin, to approve the expenditure of funds from Wastewater Bond Payment Reserve account G20-24102-03 in the amount of $118,372.15 for the reduction of the October 1, 2010 bond payment.  The vote was unanimous in favor, 4-0.

        E       Discussion with Finance Director Graves concerning status Tax Acquired Property.
Finance Director Graves referred to his memo dated September 15, 2010 in which he outlined the foreclosure process and his unsuccessful attempts to contact the property owner, who has a history of paying late.  This is a vacation rental property that appears to be unoccupied at this time; it also appears to be habitable at anytime.  FD Graves recommends offering the former property owner the opportunity to redeem the property by paying all outstanding taxes, interest and penalties, including the current year’s, within 60 days of making contact.  Selectman Bonville stated once a building is vacant for 60 days, there are liability issues.  If the building is unoccupied, the Town should take ownership, not allow occupancy, secure and lock the building, and add the building to the Town’s insurance policy.

MOTION:  Selectman Bonville moved, seconded by Selectman Bucklin, to send another certified letter to the former property owner offering redemption if full payment is made within 60 days from the foreclosure date of September 11, 2010; otherwise the offer is off the table.  The vote was unanimous in favor, 4-0.

        F       Sale of Surplus Fire Equipment, authorization.
Fire Chief Mike Bender referred to his memo dated September 15, 2010.  Engine 1 (E1), a 1995 International/Central pumper, has passed its useful life with the department and should be considered surplus, as the department continues streamlining and downsizing the fleet.  The Town of Leeds has made an offer of $47,500, as is.  It is the opinion of Chief Bender that this is an excellent offer and he recommends the sale.

MOTION:  Selectman Bucklin moved, seconded by Selectman Damon, to sell Engine 1 (E1)1995 International/Central pumper to the Town of Leeds for $47,500.  The vote was unanimous in favor, 4-0.

        G       Storage of former NEHFC ladder truck in the Seal Harbor Fire Station,   authorization.
Fire Chief Bender explained he is seeking authorization to store the former Northeast Harbor American LaFrance ladder truck in the Seal Harbor Fire Station.  The truck is currently privately owned, and the owner hopes to give it to the Town or sell it.  Until it can be determined whether the Town wants to accept the truck, Chief Bender has made arrangements with the Mount Desert Fire Rescue Association to accept the truck as a donation.  Selectman Bucklin declared he has many fond memories of the truck; this is a good opportunity for the Town.  Selectman Damon asked about insurance.  Fire Chief Bender will look into it; a waiver may be needed.  MDFR will release the Town of all liability.

MOTION:  Selectman Bucklin moved, seconded by Selectman Bonville, to authorize the storage of the American LaFrance ladder truck in the Seal Harbor Fire Station.  The vote was unanimous in favor, 4-0.

VIII    General Issues
        A       Acknowledge receipt of monthly financials, Revenue Report, Expense Report and   General Ledger.
Selectman Bonville stated she still has problems with the format of the reports.  She gave as an example: some General Ledger accounts have beginning and ending balances that are different when no activity is shown as having taken place.  FD Graves invited Selectman Bonville in to work with him to develop better reports.

MOTION:  Selectman Bonville moved, seconded by Selectman Bucklin, to acknowledge receipt of the aforementioned reports.  The vote was unanimous in favor, 4-0.

IX      Committee Meeting Reports
        A       Revitalization Committee purpose, draft agenda for initial meeting, and         Membership list, with notes of Revitalization Committee Meeting September 14, 2010.
Town Manager Lunt reported the Committee will have its second meeting this Sunday, September 26 from 10:30-11:30 a.m., using Skype to communicate with members unable to attend.

MOTION:  Selectman Bucklin moved, seconded by Selectman Bonville, to acknowledge the report of the Revitalization Committee.  The vote was unanimous in favor, 4-0.

B. Public Works Director Smith said he is researching air conditioning for the Meeting Room and Fire Chief’s office.

C.      Town Manager Lunt announced the Salary Survey Committee will have a meeting following the September 29th Special Board of Selectmen meeting with Maine Municipal Employees Health Trust.

X       Treasurer’s Warrants
        A       Approve Treasurer’s Warrant #17 for $1,630.960.52.

MOTION:  Selectman Bucklin moved, seconded by Selectman Damon, to approve Treasurer’s Warrant #17 for $1,630.960.52.  The vote was unanimous in favor, 4-0.

Selectman Bonville requested the next warrant include payment to the Peabody family in the amount of $150.

XI      Executive Session
        None

XII     Adjournment

MOTION:  at 7:42 p.m. Selectman Bonville moved, seconded by Selectman Damon, to adjourn the meeting.  The vote was unanimous in favor, 4-0.

Respectfully submitted,



Jean E. Bonville
Secretary