MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 22, 2010
A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, in Northeast Harbor.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, Marilyn Damon, and Jean Bonville, Town Manager Michael MacDonald, Fire Chief Michael Bender, Public Works Director Tony Smith, Assessor Kyle Avila, Police Chief Jim Willis, 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
None
III. Appointments and Communications
None
IV. Consent Agenda
The Board of Selectmen discussed and voted on each Consent Agenda item individually.
A. Acknowledge receipt of notice from Seal Harbor Village Improvement Society of intent to host Maine Arborist Association Tree Climbing Competition on April 24, 2010.
Selectman Bucklin moved to acknowledge receipt of notice from Seal Harbor Village Improvement Society of intent to host Maine Arborist Association Tree Climbing Competition on April 24, 2010, seconded by Selectman Mooers. The motion was approved 5-0.
B. Acknowledge receipt of Town of Oxford request for support of citizen initiative to permit resort casino in Oxford County.
Selectman Mooers moved to acknowledge receipt of the Town of Oxford’s request for support of citizen initiative to permit resort casino in Oxford County, seconded by Selectman Bucklin. The motion was approved 5-0.
C. Approve Fairpoint Communications application for four poles on Oak Hill Road, beginning at a point approximately 34 feet northeasterly of Whitney Farm Road, continuing northeasterly.
Selectman Mooers moved to approve the Fairpoint Communications application for four poles on Oak Hill Road, beginning at a point approximately 34 feet northeasterly of Whitney Farm Road, continuing northeasterly, seconded by Selectman Bucklin. The motion was approved 5-0.
D. Acknowledge receipt of Hancock County 2010 County Assessment, $744,532.14.
Selectman Bucklin moved to acknowledge receipt of Hancock County 2010 County Assessment, $744,532.14, seconded by Selectman Mooers. The motion was approved 5-0.
E. Acknowledge and sign “Warrant and Notice of Election – Calling Mount Desert Island Regional School District Budget Validation Referendum.”
Selectman Bonville moved to acknowledge and sign the “Warrant and Notice of Election – Calling Mount Desert Island Regional School District Budget Validation Referendum”, seconded by Selectman Bucklin. The motion was approved 5-0.
F. Acknowledge receipt of U.S. Census Bureau “Take 10” Challenge.
Selectman Bucklin moved to acknowledge receipt of U.S. Census Bureau “Take 10” Challenge, seconded by Selectman Damon. The motion was approved 5-0.
G. Acknowledge receipt of Assessor notice of likely appeal of assessment and abatement request and notice of vacancy on Board of Assessment Review.
Selectman Bucklin moved to acknowledge receipt of the Assessor’s notice of a likely appeal of an assessment and abatement request and notice of vacancy on Board of Assessment Review, seconded by Selectman Mooers. The motion was approved 5-0.
V. Selectmen Reports
Town Manager MacDonald reminded the Board that there will be a Public Hearing on March 15, 2010 for Budget Appropriations. Selectman Bonville moved to have the public hearing on March 15th, seconded by Selectman Damon. The motion was approved 5-0.
VI. Old Business
A. Department 104-01 Public Safety Police budget review.
Police Chief Willis explained his budget process to the Board. Chief Willis stated that he felt he had met the objectives set by the Selectmen, by absorbing benefit and wage increases through reductions in over-time, training and fuel, eliminated the fitness incentive, and shortened the part-time summer officer position to one person for eight weeks. Chief Willis would like to retain $30,000 of the $60,000 received from the Town of Bar Harbor as reimbursement for officer training costs in his training budget to have on hand to reimburse another town if we recruited an officer at some time in the future that required reimbursement to the sending town. Selectman Bonville stated that since these funds were unanticipated revenue the Town could create a reserve account for the funds. Chief Willis
offered to prepare the information needed for a Warrant Article, and have it available for the next meeting. Selectman Bonville suggested that the Board table this agenda item until the next meeting.
B. Department 104-03 Public Safety Fire budget review.
Fire Chief Bender explained the process of preparing his budget, noting increases in heating fuel, diesel fuel and office supplies. This year was the first year that he was able to get solid numbers for heating fuel usage for the fire stations and diesel fuel usage for fire apparatus. Chairman Richardson asked what fuel numbers the departments should use for comparisons for budget preparation. Town Manager MacDonald stated that you don’t know, you go with the information that you have. These budgets are prepared 12-18 months in advance. Selectman Bonville suggested that Chief Bender go back and look at fuel costs and re-work his numbers. Selectman Mooers stated that the departments are basing their budget numbers on information provided to them, and now the Board is second guessing those numbers. Selectman Mooers felt that if the
department heads feel comfortable making a budget that they can live with and operate on, that is what we hired them to do, and offered this as a cautionary suggestion to leave the fuel amounts in the various department budgets as presented. The Board was in agreement.
C. Department 104-30 Public Safety Communications budget review.
Chief Willis needed to find $5000.00 to offset wage and benefit increases to have a flat line budget so he reduced the Radio Reserve Account to accomplish this. Aside from that there was very little change in this account. Chief Willis also talked about a communications project that he is working on that will allow public safety personnel to communicate on their portables anywhere in town by eliminating the existing dead spots.
D. Department 104-40 Public Safety Emergency Management budget review.
Fire Chief Bender stated that there were no changes to the Department 104-40 Public Safety Emergency Management budget.
E. Department 104-50 Public Safety Fire Hydrant Rental budget review.
Fire Chief Bender stated that there were no increases planned for fire hydrant rental costs.
F. Review Town Meeting Warrant, possible re-ordering of articles to retain participants at Town Meeting.
Town Manager MacDonald reminded the Selectmen that it is their responsibility to set the order of the articles in the warrant. He presented the Board with two warrants to compare, and it was agreed to present the warrant with the school articles toward the end. Chairman Richardson commented that he would like to get the mundane articles out of the way, and he suggested that by placing the school budget articles, which are always an area of interest, at the end of the warrant would guarantee having the quorum in attendance that is necessary to conduct Town Meeting business. No motion needed.
VII. New Business
A. Approve fee for providing digital tax data, suggest $100.00.
Assessor Avila explained that requests for digital information are covered under the “Request for Information Act” and that the Town can charge a reasonable fee for same. It was suggested that there be a two tier fee structure. Following considerable discussion the Board agreed that more information was needed before a decision could be made as to how much should be charged for this service. Selectman Mooers moved to table this item until the next meeting, seconded by Selectman Bonville. The motion was approve 5-0.
B. Discuss and review proposed “Burning of Debris Ordinance.”
There was considerable discussion with Fire Chief Bender regarding the State mandated requirements for a Fire Warden, or Deputy to issue burn permits. Most municipalities in the State have the Fire Chief serve as Fire Warden. The Town of Mount Desert is unique in this aspect. Fire Chief Bender explained that the State ordinance outlines who can issue permits. The Town’s ordinance allows the local Fire Warden or the Fire Chief to issue permits. The difficulty with having the Fire Warden issuing permits exclusively would be that that person could not use or move any fire equipment if necessary. Citizen Savage stated that the system that is in place now is not working, and he felt that it is an awkward situation, more times than not permits are refused, when other towns are issuing them. Police Chief Willis stated that his
department experiences difficulties in that the dispatchers are on the receiving end of dealing with people that are upset, and that it is a challenging situation each day. Chief Willis stated that the department has developed some guidelines with Fire Chief Bender and Fire Warden Norwood, but the ultimate authority is the Fire Warden. Fire Chief Bender pointed out that Fire Warden Norwood is not available 24/7 and consequently someone has to make a decision. Decisions to issue permits are made early and daily depending on the predicted weather. He also noted that staff is sensitive to the fact that some people make their living clearing land and need to be able to burn. Selectman Mooers stated that the Town is currently out of compliance, and that we do need to fine tune this ordinance, and the draft ordinance makes sense to him, Citizen Savage stated that if you have one issuing authority and a permit is denied at least you know where the decision is coming from. Fire
Chief Bender is not making any recommendations on this matter. Chairman Richardson was not opposed to doing away with the old ordinance and instituting the draft. The Town Attorney recommends that the Town adopt the State Ordinance. Selectman Mooers moved for submission of a warrant article recommending the repeal of the current Burning of Debris Ordinance, seconded by Selectman Bonville. The motion was approved 5-0. (Note: Repealing the Town’s current Burning of Debris Ordinance without introducing a new Town ordinance will result in the Town’s automatic adoption of the State Ordinance.)
C. Discuss and review proposed “Acquired Property Policy.”
Selectman Bonville moved include an article in the warrant to repeal the “Procedures Governing Transfer of Property Owned by Town” ordinance, and not to replace it as State Statutes cover all issues, seconded by Selectman Mooers. The motion was approved 5-0.
D. Discuss and review proposed “Garbage, Rubbish and Litter” Ordinance.
Police Chief Willis recommended that “Garbage, Rubbish and Litter” Ordinance be repealed, stating that junkyards are covered by State Statues and this would fall under the same. Selectman Mooers moved to include an article in the warrant to repeal the “Garbage, Rubbish and Litter” Ordinance, seconded by Selectman Bonville. The motion was approved 5-0.
E. Discuss and review proposed “Unserviceable Vehicles” Ordinance.
The Board of Selectmen passed over “Unserviceable Vehicles Ordinance”; they will not be adopting this ordinance and will go by the State Statue.
F. Discuss and review proposed “Investment Policy.”
Following considerable discussion, it was pointed out that there would be a better snapshot with more accurate figures before Town Meeting with 1st and 3rd quarter reports having been received. Selectman Bonville moved to approve and to include an article in the warrant to amend the “Investment Policy”, seconded by Selectman Bucklin. The motion was approved 5-0.
VIII. General Issues
None
IX. Committee Meetings Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #59 for $302,043.51.
Selectman Mooers moved to approve Treasurer’s Warrant #59 for $302,043.51, seconded by Selectman Bucklin. The motion was approved 5-0.
XI. Executive Session
A. Pursuant to 1 M.R.S.A. §405.6.A, discussion of a personnel matter.
Selectman Mooers moved to enter into Executive Session at 8:48PM, pursuant to 1 M.R.S.A. §405.6.A, discussion of a personnel matter, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Mooers moved to come out of Executive Session at 8:56PM, seconded by Selectman Bucklin. The motion was approve 5-0.
Returning to the regular meeting, Chairman Richardson stated that the Board of Selectmen and Town Manager MacDonald had reached a resignation and mutual release agreement, and that a vote would be taken. It was moved and seconded to accept Town Manager MacDonald’s resignation effective February 28, 2010. The motion was approved 4-1, with Selectman Mooers voting in the negative. Selectman Mooers explained that he was voting against this action as he had not agreed with the other members of the Board regarding the contract extension and the pay increase issues. Selectman Mooers also stated that although he would not vote in favor, he would sign the resignation and release form as a board member.
Selectman Mooers moved to adjourn at 9:16PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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