MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 21, 2010
A meeting of the Board of Selectmen was held this date at the Somesville Fire Station, Somesville, ME.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Jean Bonville and Marilyn Damon, Interim Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Mike Bender, Harbor Master Shawn Murphy, Finance Director John Graves, Recording Secretary Jennifer McWain, and members of the public. Selectman Bucklin was excused.
Before the Selectmen’s meeting Chairman Richardson gave Fire Chief Bender the floor to make an announcement.
Fire Chief Bender wanted to acknowledge and congratulate Firefight Andrew Flanagan for successfully completing and graduating from the 2010 Hancock County Firefighter I and II Fire Academy. Andrew contributed over 230 hours of training time over a span of six months to achieve national certification at Firefighter II level.
Fire Chief Bender stated that there are several members on the department’s roster that are at the firefighter level II and should be commended for their dedication as volunteers. This training is conducted primarily over the weekends and includes not only basic firefighting classes, but also certifications in vehicle extrication, hazardous materials operations and wild land firefighting and CPR/first aid. This is obviously a tremendous commitment on the individual’s part as a volunteer that will ultimately benefit the town.
I. Call to order.
Chairman Richardson called the meeting to order at 6:35PM.
II. Minutes
A. Approve minutes March 1, March 8, organizational meeting May 4 and May 17, 2010.
Selectman Mooers moved to approve the minutes of March 1, 2010 as presented, seconded by Selectman Bonville. The motion was approved 4-0.
Selectman Mooers moved to approve the minutes of March 8, 2010 as presented, seconded by Selectman Bonville. The motion was approved 4-0.
Selectman Bonville moved to approve the minutes of May 4, 2010 organizational meeting as presented, seconded by Selectman Mooers. The motion was approved 4-0.
Selectman Mooers moved to approve the minutes of May 17, 2010 as presented, seconded by Selectman Damon. The motion was approved 3-0-1, with Selectman Bonville abstaining.
III. Appointments and Public Requests
A. Appoint Justin Mitchell as a seasonal part time Solid Waste helper effective June14, 2010 at a rate of $12.00/hr.
Selectman Mooers moved to approve the appointment of Justin Mitchell as a seasonal part time Solid Waste helper effective June14, 2010 at a rate of $12.00/hr, seconded by Selectman Bonville. The motion was approved 4-0.
B. Appoint Nathaniel Hinckley as a seasonal part time Buildings and Ground Division helper effective June 21, 2010 at a rate of $12.00/hr.
Selectman Mooers moved to approve the appointment of Nathaniel Hinckley as a seasonal part time Buildings and Ground Division helper effective June 21, 2010 at a rate of $12.00/hr, seconded by Selectman Bonville. The motion was approved 4-0.
C. Approve appointment of Michael MacDonald to Warrant Committee.
Selectman Mooers moved to approve the appointment of Michael MacDonald to the Warrant Committee, seconded by Selectman Damon. The motion was 2-1-1, Chairman Richardson and Vice Chairman Mooers for, Selectman Bonville against and Selectman Damon abstaining. The motion failed.
Selectman Damon said that she wanted to abstain from the vote stating that she felt that there might be a conflict of interest, and chose not to vote on this item. Selectman Bonville stated that the Board could bring this item back to a future Board agenda in the fall because the Warrant Committee won't meet until then. Selectman Bonville said that she might change her vote depending on the outcome of a proposed recall against Selectman Damon.
IV. Consent Agenda
A. Acknowledgement of Thank You letter to Solid Waste Committee member Nick Burnett.
B. Acknowledgement of resignation acceptance letter to Brian McGinley.
C. Acknowledgement of letter of hiring for Ryan Lawson, effective June 2, 2010.
D. Acknowledgement of letter to Tammy Maren granting permission for her 5K race on July 22, 2010.
E. Acknowledgement of June 3, 2010 minutes from meeting with Acadia National Park regarding the Stanley Brook Bridge Replacement Project.
F. Acknowledge receipt of requested information for Town website usage.
G. Acknowledge receipt of monthly department reports; Assessor, Harbor Master Public Works Highway, Wastewater, Code Enforcement, Fire, Police and Finance.
H. Acknowledge receipt of letter from the Bar Harbor Fire Department for help with their Memorial Day Services.
Selectman Mooers moved to approve items A-F and H, of the Consent Agenda as presented, seconded by Selectman Damon. The motion was approved 4-0.
Selectman Bonville stated that she had difficulty viewing the financial reports that were included in the Finance Director’s monthly report, and that she would like to see documents that she could read next time. Selectman Damon moved to accept item G of the Consent Agenda, seconded by Selectman Mooers. The motion was approved 4-0.
V. Selectmen Reports
Selectman Mooers passed out “Right to Know Law” as a little education for the Board, due to a recent flurry of emails going back and forth between Selectmen and the Town Manager. Selectmen Mooers stated the receipt of information from the Town Manager is advantageous and the board is fully in their right to receive information from the Town Manager; but when questions are asked and the board members begin responding to them by email that constitutes an unpublished and unadvertised meeting. Selectmen Mooers stated that this is a conflict with Maine law Title 1 MRSA §401 “Right to Know Law”. The Maine Townsman publishes articles about this subject from time to time because email has become such a tool for communication that people lose sight of what they are doing and communicating outside an official
meeting. If the Town Manager wants to send information prior to a meeting that he felt was appropriate it is certainly appreciated. But to ask questions and solicit responses from the Board is outside the bounds of what the statue is intended. Selectman Mooers stated that he only offers this as a word of caution.
Selectman Mooers then spoke of an Executive Search for a Town Manager. Selectman Mooers stated that the Board had discussed the subject in March and decided to table until April after the budget was completed. Selectman Mooers stated that he has been asked by five different citizens if the Town was going forward with the selection process. Selectman Mooers stated that given that there are people asking Selectman Mooers suggested giving this matter some serious thought and re-visiting next meeting.
Selectman Damon stated that she enjoyed seeing the sandwich board being out, but stated that some meetings did not make it to the sandwich board, and people had commented because they missed a meeting.
Selectman Damon also wanted to thank the Public Works Department for cleaning the parking lot across from the Docksider.
Selectman Bonville requested that the Board act on the Harbor budget at the July 6th meeting.
Chairman Richardson deferred to Town Manager Lunt who wanted to present his Financial Feasibility Plan and discussed how he wanted to implement it. Town Manager Lunt had examples of recent charts and revenue reports.
VI. Old Business
A. Discussion with Town Manager to sign Acceptance and Authorization to Proceed document with CES for the Marina Project.
Selectman Bonville moved to take item A of Old Business out of order, seconded by Selectman Damon. The motion was approve 4-0.
CES consultant Noel Musson was present for the meeting. Mr. Musson stated that he was requested to come to the meeting so that he could answer questions that had come up about the proposal. Mr. Musson stated that CES was told to take the project from the conceptual process to the bidding process. Mr. Musson said that there was a budget when CES did the estimating, and that he would be working on this project as Project Manager. Any subcontractors would be included on the costs. The Town’s milrate would not be affected. Permits for the projects were not included in the proposal. As Project Manager he would be overseeing that project and would prefer to keep this cost separate. Mr. Musson stated that consultant fees were included in the cost and there were a few new proposals with
architectural costs with the design phase.
Selectman Mooers asked about a schedule of charges that was dated March 2010 and when would the town receive a new fee schedule and rates from the breakdown of the project. Public Works Director Smith recommended to the Board of Selectmen not to sign anything until there was a comprehensive proposal. Selectman Mooers stated that the town has come too far down the road with CES to start questioning or doubting them. Harbor Master Murphy stated that there was no trust issue with CES. There was a survey done a while back, and the undertone is gone; this question of trust has been blown out of proportion. Mr. Musson reminded the Board that he is working for the Town, we are his clients and if there is a trust issue he wants to know about it. Public Works Director Smith echoed Selectman Mooers
comment of coming too far with CES to start doubting them; Smith continued that yes CES is biased for us the town their clients.
Selectman Mooers moved to table the discussion and would like to see a fee schedule and the architectural figures, seconded by Selectman Damon. The motion was approved 4-0.
B. Authorize Town Manager to sign BYOB and Off-Premises Catering Liquor license applications.
Selectman Mooers moved to authorize the Town Manager to sign BYOB and Off-Premises Catering Liquor license applications, seconded by Selectman Damon. The motion was approved 4-0.
C. Discussion of Lanpher Associates report on the Town Garage Structural condition.
Public Works Director Smith stated that his recommendation based on Lanpher Associates recommendation on the town garage structural condition is status quo. The building will not collapse tomorrow.
D. Discussion with Public Works Director Smith pertaining to the Fire Department and second means of egress.
Fire Chief Bender approved of the plans and would like the Board’s authorization if they are in agreement to proceed with plans pertaining to the Fire Department and the second means of egress. Selectman Mooers moved to authorize just the design, seconded by Selectman Bonville. The motion was approved 4-0.
E. Discussion of meeting with DEP about Consent Agreement, Somesville Wastewater Treatment Plant.
Public Works Director Smith told the Board that the Department of Environmental Protection (DEP) claimed that the Town owes $16,000 for past violations pertaining to the Somesville Treatment Plant. Public Works Director Smith doesn’t feel that the amount and the claims of violations are warranted. The DEP has given the Town a month to respond. Director Smith stated that he might want to involve Town Attorney’s Eaton and Peabody. No action taken.
VII. New Business
A. Accept Fuel Oil Bids for 2010-2011 Heating Season.
Interim Town Manager Lunt recommended the Fuel Oil Bid for 2010-2011 heating season from Coastal Energy. Selectman Bonville moved to award the 2010-2011 Fuel Oil Bid to Coastal Energy, seconded by Selectman Damon. The motion was approved 4-0.
B Request by Seal Harbor Yacht Club to store floats at Seal Harbor Dock Parking Lot.
Town Manager Lunt stated that because of construction the Seal Harbor Yacht Club requested permission to store their floats at the Seal Harbor Dock Parking Lot for the months of October through April. Harbor Master Murphy was not in favor in giving permission because of the problems that might arise from the floats when they dry out. There are so many floats that the smell will cause complaints. Normally the floats are brought to Northeast Harbor but because of the impending marina construction the floats needed to find another winter storage arrangement. Selectman Mooers moved to give permission to the Seal Harbor Yacht Club to store floats at Seal Harbor Dock Parking Lot, seconded by Selectman Bonville. The motion failed 0-4.
C. Sign and accept Auditor James Wadman Agreement for 2010-2011.
Selectman Mooers moved to sign and accept Auditor James Wadman Agreement for 2010-2011, seconded by Selectman Bonville. The motion was approved 4-0.
D. Discussion of University of Maine at Machias offer to digitalize town parcels free of charge.
Selectman Bonville moved to table this agenda item until the next Board meeting on July 6, 2010 so that the Assessor could get more information, seconded by Selectman Damon. The motion was approved 4-0.
E. Cast ballot for Maine Municipal Association Legislative Policy Committee.
Selectman Bonville moved to cast the ballot for Maine Municipal Association Legislative Policy Committee as presented, seconded by Selectman Mooers. The motion was approved 4-0.
F. Approve release of funds for the Bartlett’s Island Landing Project from Bartlett Dock Capital Improvement Reserve Account #20-24120-70.
Selectman Bonville moved to approve the release of funds for the Bartlett’s Island Landing Project from Bartlett Dock Capital Improvement Reserve Account #20-24120-70, for the project do be done in the amount of $25,200, seconded by Selectman Damon. The motion was approved 4-0.
G. Discussion with Treasurer Graves of uncollected personal property taxes through 2008 and April Accounts Receivable Report.
Finance Director Graves said that without going to small claims court which in most cases is more expensive than the amount of the unpaid claim. Graves stated that the town needs an effective collection hammer. Tonight he is presenting a schedule of uncollected personal property taxes. Finance Director Graves stated that he had approached the Board last fall about writing off some of the accounts and he was told to keep trying to collect the unpaid funds. Graves stated that as of this date he has only received one response and it was from a company that had filed bankruptcy.
Selectman Bonville went through the list of unpaid personal property taxes and suggested ideas and ways of reaching certain people to clear up the unpaid amounts. Selectman Bonville stated that she would like to see Finance Director Graves work with Train Properties, Tim Allen and McAlpin, but write off Otter Creek and Wells Fargo. Selectman Bonville stated that the Board will revisit this subject again in a month and then will give Finance Director Graves a list of who to write off. There was no action taken.
H. Discussion of Glacial Energy Usage Analysis report.
Interim Town Manager Lunt said that this information from Glacial Energy was received unsolicited. There was action taken.
I. Authorization to order nine sets of personnel protective equipment (turnout gear) from Industrial Protection Service, LLC not to exceed $20,000.00.
Selectman Mooers moved to authorize the order of nine sets of personnel protective equipment (turnout gear) from Industrial Protection Service, LLC not to exceed $20,000.00, seconded by Selectman Bonville. The motion was approved 4-0.
VIII. General Issues
A. Informational schedule of delinquent property taxes by account by year.
This agenda item was discussed earlier under Item G, no action taken.
B. Acknowledge receipt of monthly financials, Revenue Report, Expense Report and General Ledger.
Acknowledgement of receipt of monthly financials, Revenue Report, Expense Report and General Ledger, no action taken.
C. Accounts Receivable Report from Finance Director Graves.
Finance Director Graves stated that the office is also in a training phase with training staff to recognize invoices and knowing where to apply the payments. As of this date the outstanding balance is $10,839.07. There are not a lot of options of collecting some of these amounts through small claims court, and sometimes the claim is less than the amount of time and money spent to file the claim. Selectman Bonville stated that some of the accounts could be collected, and noted that the correct amount of the lost deposit should be $65.18. Francis Peabody is due a refund, and Kim Parady does not owe this money. It can be shown that the monies came from payroll; and instead of being put into payables, the amount was put into receivables. She recommends that these amounts be written off. Selectman Bonville stated that the list
is pretty much up to date and should be easy to go forward. Selectman Bonville also stated that she would like to revisit this list at the next meeting and see what is left to take care of. There was no action taken.
IX. Committee Meetings Reports
A. Zoning Board of Appeals minutes for hearing date May 18, 2010.
Selectman Mooers acknowledged receipt of the Zoning Board of Appeals minutes for hearing date May 18, 2010, seconded by Selectman Bonville. The motion was approved 4-0.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #90 for $430,800.60.
Selectman Mooers moved to approve Treasurer’s Warrant #90 for $430,800.60, seconded by Selectman Damon. The motion was approved 4-0.
XI. Executive Session
None
Selectman Mooers moved to adjourn at 8:20PM, seconded by Selectman Damon. The motion was approved 4-0.
Respectfully submitted,
Jean Bonville
Secretary
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