Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
November 1, 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 Chuck Bucklin, 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 Jean Bonville 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 of June 1, 2010, and October 18, 2010 regular meetings.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the minutes from June 1, 2010. The vote was unanimous in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to approve the minutes from October 18, 2010. 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 Acknowledgment of letter from Rick Fuerst regarding inadequate storm drain on Main Street.
B Acknowledgment of Public Works Director Smith’s letter to MDOT regarding the road condition State Route 198.
C Acknowledgment of 2011 Hancock County Budget Informational meeting on November 20, 2010.
D Acknowledgment of letter Christopher Allen et al v Town of Mount Desert.
E Acknowledgment of letter Allen, et al v. Reece, et al.
F Acknowledge receipt of department heads monthly report, Fire and Harbor Master.
G Acknowledgement of resignation letter from Firefighter Christopher Marzolf.
H Acknowledgement of League of Towns minutes from October 26, 2010.
I Acknowledgment of abutters notice from the Bar Harbor Planning Board for Kitteridge Brook Road cell tower project.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to approve the Consent Agenda as presented. The vote was unanimous in favor, 4-0.
Public Hearing: 6:35 PM to receive comments on New General Assistance Maximums
Chairman Richardson opened the Public Hearing at 6:35 p.m. and called for public comment. There being no public comment, he closed the Public Hearing at 6:36 p.m.
Public Hearing: 6:36 PM Special Town Meeting Warrant for November 15, 2010
Chairman Richardson opened the Public Hearing at 6:36 p.m. and called for public comment. There being no public comment, he closed the Public Hearing at 6:37 p.m.
III Appointments
A None
V Selectmen’s Reports
Selectman Damon re-introduced Mary Lee Bayne’s suggestion that the public be notified of the need for proper road width for emergency vehicles; citizens should know if they are not protected. Chairman Richardson wondered if we have a list of sub-standard driveways and how many there might be. Fire Chief Bender was not sure as to the number. Citizen Tom Wallace said these are private roads and ways; therefore maintenance is the citizen’s choice. Selectman Mooers suggested putting a notice in the local papers and on the Town’s website asking citizens to ensure emergency responders can access their homes. Chairman Richardson asked if the Town has liability if its emergency personnel are unable to reach a house. Police Chief Willis said it is not uncommon
for his staff to have to make a decision whether or not to use the half hour it could take to get to a house for an alarm (slogging through the snow of an unplowed driveway). Town Manager Lunt will ask Maine Municipal Association’s legal services about the liability issue. Selectman Bucklin stated there are several driveways in which emergency equipment cannot make a 180 degree turn. He suggested looking at smaller equipment when purchasing new. It was suggested that the notice to citizens list the minimum and maximum road widths needed for emergency equipment; and that homeowners check with their insurers.
Town Manger Lunt reminded all that the Board of Selectmen packets are available on the Town’s website, www.mtdesert.org; go to Boards & Committees, Selectmen, and Selectmen Meeting Packet.
Selectman Damon asked if the Board will be receiving committee meeting minutes, and Town Manager Lunt replied yes, as they are received.
Chairman Richardson reminded Board members to attend the League of Towns workshop for elected officials and managers to consider expanding shared services. The meeting will be held on November 10 from 5:30 to 8:00 p.m. at the Somesville Fire Station.
VI Old Business
A Presentation by Consultant Elizabeth McMillan and authorization to proceed with HR Management and Administration plan described in her proposal as outlined in the Town Manager’s Strategic Plan dated October 4, 2010.
Ms. McMillan presented a slide show providing an overview of human resources. She stressed the importance establishing best practices for human resources administration and guidelines for compliance to ensure all parts are in place in the event of an audit.
Town Manager Lunt said his goal is have human resources management operational and in place during his tenure. If key individuals were lost today, it would be very difficult to pick up the pieces. He sees this as a high priority. Chairman Richardson asked how the project would be funded. Town Manager Lunt said there are funds available in the management technology sections of the current budget. Next year’s budget will have a consultant line, but won’t necessarily have an increase in dollars. Selectman Mooers said this is money well spent; one misstep could be very costly.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to authorize Town Manager Lunt and Consultant McMillan to proceed with the Human Resource Management and Administration plan as outlined in the Town Manager’s Strategic Plan and Consultant McMillan’s proposal. The vote was unanimous in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to take item H. under New Business out of order. The vote was unanimous in favor, 4-0.
VII New Business
H Memo from Finance Director Graves requesting authorization to enter into an ICS and CDARS Placement Agreement with Bar Harbor Banking and Trust Company.
Finance Director Graves introduced Leita Zeugner and David Walton from Deposit Services, Bar Harbor Banking and Trust. Finance Director Graves gave a synopsis of the ICS (money market account) and CDars (Certificate of Deposit Account Registry Service) Agreements as described in his memo to the Board dated October 27, 2010. He further stated our repo account is about to drop its earnings from 1.5% to .9%. There is no cost to enter into the ICS and CDars agreements, other than our own time. Selectman Bucklin asked if the Investment Committee has considered this proposal; Finance Director Graves, replied yes and they have no problem with the proposal. Selectman Bucklin noted that Kathi Mahar has been involved in reconciling Town accounts and asked her opinion. Ms. Mahar
said she has dealt with these agreements and although they require a little more work on the Town’s part, they are a benefit to both parties.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to authorize Finance Director Graves to enter into an ICS and CDars Placement Agreements with Bar Harbor Bank & Trust. The vote was unanimous in favor, 4-0.
VI Old Business, cont’d
B Acknowledgement of the Town of Mount Desert’s acceptance into the Maine Municipal Association’s Leadership Program.
Chairman Richardson asked Fire Chief Bender if this would save the Town money, and he replied yes. Fire Chief Bender went on to explain that the process actually started a few years ago when the Town was approached by MMA’s loss control consultant. The Town’s Safety Committee decided to try to meet the requirements. Department Heads and members of the Safety Committee should be recognized for the tremendous amount of work done to reach compliance. The Town is in the top 16% of 150 clients assigned to our area’s Loss Control Consultant.
Board agreed it was a good effort and appreciatively acknowledged acceptance. Town Manager Lunt gave kudos to all Department Heads and Fire Chief Bender.
C Acknowledgement of dividend check from Maine Municipal Association’s Worker’s Compensation Fund and Property & Casualty Pool.
Town Manager Lunt noted the amount of the dividend is $8,227.00. Board acknowledged receipt.
D Approve Special Town Meeting Warrant for November 15, 2010.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Special Town Meeting Article 2. To see if non-voters shall be allowed, when recognized, to speak during the November 15, 2010 Special Town Meeting. The vote was unanimous in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to recommend passage of Special Town Meeting Article 3. To see if the Inhabitants of the Town of Mount Desert will authorize the Board of Selectmen to sell a 1995 International/Central pumper fire truck, under such terms and conditions as the Board of Selectmen, in their sole discretion, deem to be in the best interests of the Town. The vote was unanimous in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Special Town Meeting Article 4. To see if the Inhabitants of the Town of Mount Desert will vote to transfer $20,000.00 from the Undesignated Fund Balance account to the Public Safety/Fire Department budget to fund a second full-time position for the Mount Desert Fire Department. The vote was unanimous in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Special Town Meeting Article 5. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to accept a Conditional Gift (MRSA 30-A, §5654) of approximately 205 feet of sidewalk improvements within the Town right-of-way adjacent to property at Town property tax map 27 lot 6, aka 84 Manchester Road, Northeast Harbor, under such terms and conditions as the Board of Selectmen, in their sole discretion, deem to be in the best interests of the Town. The vote was unanimous in favor, 3-0-1. Selectman Damon abstained; property owner is her employer.
E Acceptance of Bulletproof Vest Partnership Grant Funds.
Police Chief Willis noted the Town has received this grant several times in the past and utilized the funds to purchase replacement vests for veteran officers and new vests for newly hired officers.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to accept the Bulletproof Vest Partnership Grant funds in the amount of $1502 and to authorize the Mount Desert Police Chief to expend such funds for the purchase of those vests. The vote was unanimous in favor, 4-0.
F Continued discussion of memo from Maine DEP regarding antifouling paint contaminated wash water and boat launches.
Harbormaster Shawn Murphy stated the Town does not allow the washing of boats at public boat launches. It was also noted that many local boatyards have, or are in the process of installing, collection and treatment systems to prevent the discharge of untreated wash water.
G Continued discussion regarding Payroll Liabilities – Stale Balances.
Kathi Mahar, Audit Assistant to the Town, explained that payroll liabilities are currently monitored on a monthly basis. A worksheet is maintained by payroll clerk Joelle Nolan, and Ms. Mahar works with her to correct any continuing balances.
Ms. Mahar further explained that 90% of the amounts presented are 3 years old. The Town has already spent a substantial amount trying to reconcile the AFLAC accounts. At this point, she is not sure we can investigate any more. The Maine Municipal Employees Health Trust (MMEHT) balances were simply posted twice, and not caught by the audit. The money is in the fund balance.
Selectman Bucklin sees the need to start at zero at some point to start fresh. Town Manager Lunt agreed, saying if we start whole, then we can easily spot and correct any errors.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to write off ($844.29) MMEHT Income Protection account G10-24711-01, ($335.73) MMEHT Life account G10-24711-02, ($36.66) MMEHT dependent life account G10-24711-03 and ($298.12) MMEHT dental account G10-24711-04, which equals a net amount of ($1,514.80), by percentage to MMEHT expense accounts. The vote was unanimous in favor, 4-0.
MOTION Selectman Mooers moved, seconded by Selectman Damon, to write off ($1995.37) AFLAC accident account G10-24712-01, $644.05 AFLAC ICARE account G10-24712-05, and $1209.47 AFLAC URM account G10-24712-08 which equals a net amount of ($141.85) to the contingency fund E102-01-509-50. The vote was unanimous in favor, 4-0
VII New Business
A Approve award of winter sand bid to John W. Goodwin Jr. at $6.84 per cubic yard, approximately 3,000 yards.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to award the winter sand bid to John W. Goodwin Jr. at $6.84 per cubic yard. The vote was unanimous in favor, 4-0.
B Discussion and possible approval of letter of support for Hancock County Planning Commission application for solid waste related technical assistance funding.
Public Works Director Smith said he has already done this, as he has for the past 9 years
C Discussion and possible approval of letter of support for Hancock County Planning Commission application for technical assistance and training application for CEO/LPI.
Board agreed it approved if Code Enforcement Officer Kim Keene agreed.
D Approve 2010-2011 General Assistance Ordinances Appendices A, B and C.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve 2010-2011 General Assistance Ordinances Appendices A, B and C. The vote was unanimous in favor, 4-0.
E Discussion with Public Works Director Smith regarding recycling with the City of Ellsworth.
Public Works Director Smith referred to his memo dated October 28, 2010 in which he requests Board approval to proceed with the Town’s transition from recycling with Bangor Recycling to the City of Ellsworth effective January 1, 2011. Not only will the Town realize a cost savings of approximately $13,000 to $20,000 annually, in addition citizens will be able to recycle more items. Chairman Richardson asked if the increased recycling tonnage could affect the Town’s GAT (gross annual tonnage) with PERC. PWD Smith replied it could; however the Town can request an adjustment. Solid Waste & Recycle Committee Chairman Phil Lichtenstein said he and the committee supports this proposed change.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to authorize Public Works Director Smith to proceed with the Town’s transition from recycling with Bangor Recycling to the City of Ellsworth effective January 1, 2011. The vote was unanimous in favor, 4-0.
F Memo from Police Chief Willis requesting approval of the trade of and purchase of guns with Interstate Arms for a new patrol rifle.
Police Chief Willis referred to his memo dated October 26, 2010. The proposed change stems from a recommendation made by Police Sergeant Edgecomb, who is now the department’s certified firearms instructor. He states the patrol rifles are a better weapon for law enforcement.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the trade of and purchase of guns with Interstate Arms for a new patrol rifle. The vote was unanimous in favor, 4-0.
G Police Chief Willis requesting Board of Selectmen acceptance of Mount Desert Police Department Mission Statement.
Police Chief Willis said this was a defining moment for him as Chief of Police for the Town of Mount Desert. The Mission and Values Statements are a great way to bring the police department and community together. They have been written with contributions from his staff, who also support the statements.
Chairman Richardson asked if these statements meet human resource approval, and Town Manager Lunt replied yes, he fully approves.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to accept the Mission and Values Statements presented by the Mount Desert Police Department. The vote was unanimous in favor, 4-0.
VIII General Issues
A Town Manager Lunt’s report from the International City/County Management Association (ICMA) National Conference.
Town Manager Lunt referred to his memo dated October 27, 2010. He was very pleased to find workshops available on three areas most relevant to the type of work he is attempting: leadership, community engagement, and collaboration.
IX Committee Meeting Reports
A None
X Treasurer’s Warrants
A Approve Treasurer’s Warrant #33 for $1,327,633.68.
Chairman Richardson asked what has been spent on renovations of the Town Office, Police Department, and Fire Chief’s office. Public Works Director Smith said the budget is $37,000 and less than that has been spent.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer’s Warrant #33 for $1,327,633.68. The vote was unanimous in favor, 4-0.
XI Executive Session
A None
XII Adjournment
MOTION: at 7:58 p.m., Selectman Mooers moved, seconded by Selectman Bucklin, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectfully submitted,
James F. Mooers,
Vice Chair
Secretary Pro Tem
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