Town of Mount Desert
Board of Selectmen
Meeting Minutes
October 4, 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, Marilyn Damon, and Rick Mooers, Town Manager Durlin Lunt, Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Finance Director John Graves, Public Works Director Tony Smith, Town Clerk/Recording Secretary Joelle Nolan, and members of the public. Selectman Chuck Bucklin was excused.
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 from April 5, 2010 and September 20, 2010 meetings.
MOTION: Selectman Bonville moved, seconded by Selectman Damon, to approve the minutes from April 5, 2010. The vote was unanimous in favor, 4-0.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to table the minutes from September 20, 2010. The vote was unanimous in favor, 4-0.
III Appointments
A Appoint Schofield Andrews III, Gordon Beck, Katrina Carter, David Irvin, Sumner Rulon-Miller, and Steven Parady to the Salary Survey Committee.
MOTION: Selectman Bonville moved, seconded by Selectman Damon, to appoint Schofield Andrews III, Gordon Beck, Katrina Carter, David Irvin, Sumner Rulon-Miller, and Steven Parady to the Salary Survey Committee for a term ending May 31, 2011. The vote was unanimous in favor, 4-0.
B Appoint Michael P. Allen as part time Police Officer effective October 5, 2010 at a rate of $17.00/hr.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to appoint Michael P. Allen as part time Police Officer effective October 5, 2010 at a rate of pay of $17.00/hr. The vote was unanimous in favor, 4-0.
C Appoint Janice Pinkham as part time dispatcher effective October 5, 2010 at a rate of $13.25/hr.
MOTION: Selectman Damon moved, seconded by Selectman Bonville, to appoint Janice Pinkham as part time dispatcher effective October 5, 2010 at a rate of pay of $13.25/hr. The vote was unanimous in favor, 4-0.
IV Consent Agenda and Communications 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 Stanley Brook Bridge Notice of Public Hearing October 21, 2010.
B Acknowledgement of Thank You letter from Shirley McGarr to Highway Superintendent Poors and Public Works crew for work on Neighborhood Road.
C Acknowledgment of letter from Thompson & Bowie LLP – Appointment of Sarah Gayer as Co-Counsel for Christopher Allen. Et al. v Town of Mount Desert. Et. Al.
D Acknowledgment of Notification of Discovery Service: Christopher Allen et al v Town of Mount Desert.
E Acknowledgment of Town Manager objectives and strategic plans.
F Acknowledgment of letter of Thank You to potential sub-committee members of the Revitalization Committee.
G Acknowledgment of League of Towns September 28th agenda, July 27 minutes, Technology Committee update and Bangor Hydro Electric project update.
H Acknowledgment of application for Mount Desert Land and Garden Preserve to change existing constructive easement to standard conveyance on Submerged Lands.
I Acknowledgement of Hancock County Proposed 2011 Budget.
Citizen George Peckham asked about Item E. Town Manager Lunt described the management by objectives plan. Evaluations are based on objectives and goals. An action plan with five objectives has been established. The three major projects are: finance, capital improvement plan, and human resources. Dana Reed, Town Manager of Bar Harbor will serve as mentor on the CIP. There will be a formal proposal at the November 1 meeting for a Consultant to bring staff up to speed on human resources. Town Manager Lunt noted he will probably request that his evaluation by the Board of Selectman be public.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to accept the Consent Agenda as presented. The vote was unanimous in favor, 4-0.
V Selectmen’s Reports
Selectman Damon reported on the Great Harbor Museum plan to redesign the apron in front of the building. Memo and concept sketches from Sydney Roberts Rockefeller were presented by Public Works Director Smith. He noted the redesign will enhance drainage and it looks nice. He recommends approval of the concept. Selectman Mooers asked if this is a matter for the Planning Board and Code Enforcement Officer. Public Works Director Smith will pursue if necessary.
MOTION: Selectman Bonville moved, seconded by Selectman Damon, to accept the concept as presented. The vote was unanimous in favor, 4-0.
Selectman Bonville asked where we stand on the bond [Northeast Harbor Marina project]? Finance Director Graves described: he has set up an account and will talk to the bank [Bar Harbor Bank & Trust] this week to start the process of drawing money. Bills will be on a warrant; interest will accrue as money is used, much like a construction project. Selectman Bonville queried why not take all the money and accrue interest? Finance Director Graves said it is better to pay on less money because of interest rates.
Citizen Sumner Rulon-Miller asked about Marine Management sub-committee meetings. Harbormaster Murphy said they are open to the public and announced on the Town’s website.
VI Old Business
A Further discussion and review of National League of Cities Prescription Drug Program.
Town Manager Lunt responded to Board’s question regarding CVS’ involvement. They have some sponsorship but are not the exclusive pharmacy. He provided a list of participating pharmacies; many if not all local pharmacies were included. Selectman Mooers noted the program works with any drug not covered by insurance, in addition to assisting those without prescription drug insurance. The 20% savings is a benefit we can extend to citizens for a small amount of money. Once enrolled, we will notify citizens by a press release and the Town’s website.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to authorize the Town Manager to join, on behalf of the Town, the National League of Cities Prescription Drug Program. The vote was unanimous in favor, 4-0.
B Discussion to approve the sale of surplus fire equipment.
Town Manager Lunt discovered the sale of the 1995 Fire Truck to the Town of Leeds needs to go to a Special Town Meeting because the value is over $10,000. Chairman Richardson asked if the Town of Leeds has approved the purchase and has the funds. Fire Chief Mike Bender said they have the funds, and he has contacted Leeds to see if they are willing to wait and has not heard back yet.
Chairman Richardson asked Town Clerk Nolan how long it would take to set a Special Town Meeting and she replied, 6 weeks minimum. And the cost? $400 -$500?
Fire Chief Bender said Leeds goal is to have the truck ready by spring; they had hoped to purchase in November.
Selectman Bonville suggested we might want to do away with the warrant article limiting the sale of property valued over $10,000. Chairman Richardson would like to move forward. Town Clerk Nolan offered to develop a timeline and send to the Board within the next few days.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to move forward with plans for a Special Town Meeting for the sale of the 1995 fire truck. The vote was unanimous in favor, 4-0.
VII New Business
A Municipal Review Committee of Board of Directors Nominations.
Public Works Director Smith said he is interested.
MOTION: Selectman Mooers moved, seconded by Selectman Damon , to nominate Public Works Director Smith to the Municipal Review Committee Board of Directors. The vote was unanimous in favor, 4-0.
B Voting delegate and alternate for MMA Annual Business Meeting.
Board agreed those attending the convention would be the logical delegates.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to designate Town Manager Lunt as the official Voting Delegate, and Finance Director Graves as the alternate, to the Maine Municipal Association Annual Business Meeting to be held Tuesday, October 12, 2010 at the Augusta Civic Center. The vote was unanimous in favor, 4-0.
C Discussion of Fire Department staffing.
Town Manager Lunt stated this discussion stems from our past participation in the Americorp Program. No one has applied. The Town has participated for two years, with local people each year. Pay is an issue. Americorp helps fund, with a 50/50 grant, a person who is willing to work at a rural fire company that has a hard time finding staff. The primary purpose of the job is to help recruit, retain, and educate fire fighters; and may perform other duties as assigned. The most recent employee in this position, Amilie Bacon, mirrored the Fire Chief’s hours and did many of the day to day operations. The Town’s cost last year was $8,000. The position is actually employed by Americorp, works about 1700 hours a year, and generally earns less than minimum wage.
Selectman Bonville commented that after talking with Fire Chief Bender she went from being not in favor of a full time fire department, to seeing the advantage of having someone assist the Chief as well as the volunteers. She indicated it is time to discuss, as a Board, a job description and funding. She suggests bringing the issue to the next meeting with figures.
Town Manager Lunt said he will give the job description to the Salary Survey Committee to determine where position falls on the pay scale. Selectman Damon asked if we are talking about creating a new position. The reply was yes, since it never was a town position.
Chairman Richardson commented that at some point we will come to a paid position in the fire company. He hates to approach it piece-meal; would rather see us look at the next step, or have it mind as we move forward by looking at a whole program (one or more paid firefighters).
Chief Bender stated part of the value of the position is that it relieves the volunteers from many late night duties. Firefighter David Higgins commented that the position also frees up the Chief’s time.
Selectman Mooers expressed concerns about where the money will come from. We budgeted $8,900 and would have to come up with twice that amount. He agrees it is an essential position that has proven its worth.
Firefighter Andy Horner commented that both Bunker and Bacon [the former Americorp employees] are highly trained and responsible firefighters that helped volunteers to be ready to roll when needed.
Selectman Damon asked if the position would have to be 40 hours a week, and what would the pay be? Town Manager Lunt replied the Salary Survey Committee would help determine, by comparing to similar communities. Selectman Damon wondered if the Chief could get by with less than 40 hours week. Chief Bender said he could; however, it would not be nearly as effective. Selectman Bonville suggested this be brought back to the Board in two weeks with a job description.
D Discussion of electronic meeting packets.
Town Manager Lunt announced the good news that the Board of Selectmen meeting packets are now available on the Town’s website and can be downloaded. This is an opportunity for the public to see supporting documentation. We are moving forward with great vigor into the electronic age.
E Discussion of Maine Municipal letter regarding insurance coverage on tax acquired property: Northern Neck Road.
Town Manager Lunt stated that insurance is in place. Finance Director Graves said town Attorney Dearborn suggests before we take physical possession of the property, we should go to court and perfect our lien. A quit claim deed from the court is preferable before we establish taking complete control of the property.
The property owner and her attorney have said they will pay within 60 days. Finance Director Graves stated it would cost considerable more to perfect the lien; he is unfamiliar with this portion of the law and believes it could extend out a year or more.
Chairman Richardson asked what the cost would be if we have to hire an attorney to pursue this issue. Finance Director Graves had no idea of the cost; he guessed $5,000. Chairman Richardson asserted that we need to cover our bases to ensure ownership. Finance Director Graves has sent this message to the property owner’s lawyer.
Selectman Bonville wondered what does “go to court to perfect lien” mean? Police Chief Willis responded by stating that Finance Director Graves had asked his assistance in locking the building. Chief Willis asked Finance Director Graves to call the town attorney for advice. It is a matter of due process through the court system. A certified letter is issued through court to give the property owner a chance to rebut. Unless payment is made, the lien is perfected. Selectman Bonville noted the lien process says the town owns the property.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to go forward with perfecting the lien by using the town attorney as needed, and to notify the property owner that the process can be stopped only by full redemption. The vote was unanimous in favor, 4-0.
F Discussion of Seal Harbor issues with Citizen Steve Pinkham.
Citizen Pinkham referred to his list that was included in the Board’s packet:
Disrepair of sidewalk in front of Village Market: Public Works Director Smith addressed this issue. He said when sidewalk work was done in Seal Harbor, if work had been done on that side of the road, an island would have to have been installed. He agreed with the owner at the time that we would fill any pot holes. If work is done now an island would need to be put in and he thinks we have the funds. A sidewalk would be built into it. He will contact MeDOT for requirements, price it out, and do it. There are funds remaining in a bond approved for items that include Seal Harbor sidewalks. Board agreed.
Right-of-way from Main Street to behind Village Market property: There are people interested in buying Village Market; however, there is a problem with a right-of-way. Would the Town give a right-of-way across existing property? Public Works Director Smith said he has researched this: in the 1970’s the Town had a 20 ft right-of-way, and the store owners have used it since, unofficially. He thinks the Town could give the right-of-way. Legal opinion is needed, and the Assessor will need to do a deed search to make sure the Town actually owns what it needs to give a right-of-way.
Stanley Brook Bridge project: The planned rip rap, which will raise the road 2-3 feet, will ruin recent plantings. It is possible to create pockets within the rip rap for plants. Since the cost to do so is not in anyone’s budget, Mr. Pinkham suggested the Town negotiate with the contractor to supply the pockets and plants in exchange for the use of the Town’s parking lot during the construction. Public Works Director Smith said he would work with Mr. Pinkham and MeDOT to strike a deal.
Comfort Station by the park/beach: Mr. Pinkham would like to have it made ADA compliant. There is no public restroom in Seal Harbor that is ADA compliant. There are several volunteers willing to work with the Town to bring the building up to current standards, retaining the overall look of the building. They would also like to landscape, fill in the swale, and put in some picnic tables. Public Works Director Smith reported that the Town will be upgrading the Seal Harbor marina comfort stations and making them ADA compliant; then moving on to the park/beach set. He and Seal Harbor Village Improvement Society employee, Larry Taylor, looked at the walkway this spring. The swale could be filled in; however, the drainage pipe would have to be extended. He thought this might be done through R. F.
Jordan while they are doing the Steamboat Wharf Road project. There are funds available in the parks and cemeteries budget. Mr. Pinkham noted there may be a need to have the Town obtain a permit to exceed the 50 yard limit of fill [from plans of a landscape architect]. Chairman Richardson wondered if DEP needs to be consulted. Public Works Director Smith will talk with DEP Representative John Cullen and Town Code Enforcement Officer Keene about permits.
G Discussion of Payroll Liabilities-Stale Balances.
Selectman Bonville asked to table this issue; she has questions for Audit Assistant Kathi Mahar.
MOTION: Selectman Bonville moved, seconded by Selectman Damon, to table the discussion of payroll liabilities until the October 18, 2010 meeting. The vote was unanimous in favor, 4-0.
H Memo from Chief Willis to accept $543.00 from Justice Assistance Grant.
Chief Willis said the grant will be used to purchase surveillance cameras.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to accept $543.00 from the Justice Assistance Grant. The vote was unanimous in favor, 4-0.
VIII General Issues
A Acknowledge receipt of monthly financials, Revenue Report, Expense Report and General Ledger.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to acknowledge receipt of Monthly Financials, Revenue Report, Expense Report and General Ledger. The vote was unanimous in favor, 4-0.
IX Committee Meeting Reports
A None
X Treasurer’s Warrants
A Approve Treasurer’s Warrant #22 for $1,595,414.96
Selectman Bonville asked why the Mount Desert Elementary School payroll is on the warrant with a voided check. Finance Director Graves said he believes the Board should see all expenditures made, and this is a method to do that. The funds are electronically transferred, thus the voided check. He is trying to reduce the use of prepaid checks. Selectman Bonville thought she would rather see a single warrant with school expenditures. Finance Director Graves replied a majority of the Board would have to sign that warrant, and he doesn’t think the current policy allows a single Board member to sign, as in the payroll warrant.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to approve Treasurer’s Warrant #22 for $1,595,414.96. The vote was unanimous in favor, 4-0.
XI Executive Session
A None
XII Adjournment
MOTION: at 8:10 p.m., Selectman Mooers moved, seconded by Selectman Bonville, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectfully submitted,
Jean E. Bonville
Secretary
| 
