MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, October 5, 2009
A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, in Northeast Harbor, Maine.
Those present included: Chairman Jeffery Smith, Selectmen Rick Mooers, Chuck Bucklin, Jean Bonville and Marilyn Damon, Town Manager Michael MacDonald, Public Works Director Tony Smith, Fire Chief Michael Bender, Police Chief James Willis, Harbor Master Shawn Murphy, Code Enforcement Officer Kimberly Keene, Finance Director John Graves, Assessor Kyle Avila, Town Clerk Joelle Nolan, Recording Secretary Jennifer McWain and members of the public.
I. Call to order.
Chairman Smith called the meeting to order at 6:30PM.
II. Minutes
A. None
III. Appointments and Communications
A. Confirm appointment of Durlin E. Lunt, Jr. as Acting Town Manager effective October 6, 2009 at hourly rate of $26.00/hr.
Town Manager MacDonald outlined Mr. Lunt’s curriculum vitae and experience, Selectman Mooers moved to confirm Mr. Lunt’s appointment as acting Town Manager, seconded by Selectman Bonville. The motion was approved 5-0.
IV. Consent Agenda
A. Acknowledge receipt of monthly report, Harbors, Public Works and Wastewater.
B. Acknowledge receipt of Olver Associates Weekly construction Summary for Somesville WWTF Upgrade for week of September 18 and September 25, 2009.
C. Acknowledge receipt of State of Maine Property Tax Division proposed 2010 State Valuations.
D. Acknowledge notice of Department of Public Safety Liquor Licensing final selection of agency liquor store license for Aaron & Erin’s Inc., d/b/a Pine Tree Market.
E. Acknowledge receipt of letter of appreciation from Southwest Harbor Fire Chief Sam Chisholm.
F. Acknowledge receipt of letter of Oak Hill Road resident with concerns of the condition of the roadway.
G. Acknowledge receipt of letter of MDI Community Campfire Coalition notice and application.
H. Acknowledge receipt of monthly Exp / Rev Summary.
Selectman Mooers moved to approve the Consent Agenda as presented, items A-H, no items removed, seconded by Selectman Bucklin. The motion was approved 5-0.
IV. Selectmen Reports
None
VI. Old Business
A. Review of Town Office addition/renovation drawings.
Town Manager MacDonald suggested the Board of Selectmen take no action until the Public Protection Committee has completed their work on reviewing the options for the Public Safety Department. Selectman Smith was under the impression that the Board was not going to act until after the Board received recommendations from the Public Protection Committee. Selectman Mooers moved to table this item until the Public Protection Committee has completed their work, seconded by Selectman Damon. The motion was approved 5-0.
B. Discussion of health insurance options with Allen Financial Group and TD Insurance.
This item was taken out of order after the Selectmen’s Report. There were lengthy presentations from Allen Financial Group and TD Insurance; both presenters gave detailed advantages of Health Reimbursement Arrangements (HRA) and Health Savings Accounts (HSA). Both presenters recommended the high deductible plans from Aetna.
The Board took no action. There was considerable discussion with members of the public asking about current MMEHT number of organizations covered and the number of employees covered.
VII. New Business
A. Acknowledge receipt of Petition for a Hearing to Determine the Long Pond Lake level.
There was considerable discussion with Long Pond resident Gerard Haraden, who had participated in a similar process back in the 1980’s. He advised the Board that the Department of Environmental Protection is the controlling entity and any hearings or changes in the pond management plan would have to come through the DEP. The Board of Selectmen instructed the Town Manager to contact the DEP and to forward the petition and request a review of the management plan. The Board of Selectmen expressed support for a future hearing with all the players involved.
B. Approve Resolution of Mount Desert Board of Selectmen Opposing the initiated bill LD 974 “An Act to Decrease the Automobile Excise Tax and Promote Energy Efficiency” (Referendum question #2).
Selectman Mooers discussed the legality of the resolution based on the Maine Municipal Association’s legal opinion detailing what an elected body can and cannot say in a resolution. After additional discussion the Board added “Be it Further Resolved, that the Mount Desert Board of Selectmen urges all citizens to become fully informed on this issue prior to the November election by studying the language of the proposal and reviewing materials provided by those supporting and opposing it” language from the TABOR resolution. Selectman Mooers moved to approve the resolution as amended, seconded by Selectman Bucklin. The motion was approved 5-0.
C. Approve Resolution of Mount Desert Board of Selectmen Opposing the TABOR II Referendum.
Selectman Mooers moved to approve the resolution, seconded by Selectman Bucklin. The motion was approved 5-0. Selectman Bonville requested that the two resolutions be added to the Town website, the majority of the Board agreed.
D. Define Budget Goals.
Town Manager MacDonald asked the Board for a target/goal for the Department Heads to aim for and noted that this would be a good time to talk about what is expected. Selectman Bucklin agreed that this would be a perfect time to talk about what the Board wants instead of half way through the process. Town Assessor Avila believes that any increase in valuation will be conservative, but won’t know for sure until spring. Selectman Bonville reminded the Board that State Retirees and Social Security recipients’ will have no increase in 2010. She stated that she would like to see zero increase in spending, and the bottom line to remain the same as current year, Selectman Smith was in agreement. Selectman Mooers wanted to see a budget that was transparent and defensible to the taxpayers.
E. Approve Warrant Articles for Special Town Meeting November 16, 2009.
Selectman Bonville inquired of Code Enforcement Officer Keene why strike outs appeared in the wireless ordinance being proposed. As this is a new ordinance for the Town of Mount Desert, no strikethroughs should exist. Selectman Mooers recommended passage of the Article 2, “To see if non-voters shall be allowed, when recognized, to speak during the 2009 Special Town Meeting” for November 16, 2009, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Mooers recommended passage of the Article 7, “To see if the Inhabitants of the Town of Mount Desert will vote to waive their right of first refusal pursuant to Title 35-A M.R.S. § 6109(5) and the rules promulgated thereunder, being 65-407 Public Utilities Commission, Chapter 691 Sale of Water Resource Land, to purchase the following described real property subject to the terms and conditions of that certain letter of intent by and between Maine Coast Heritage Trust (the “MCHT”) and Mount Desert Water District (the “District”) of near even date, and the easements, reservations, terms and conditions set forth therein, for the sum of three million dollars ($3,000,000.00 USD), pursuant to the letter of intent available from the Town Clerk.”, seconded by Selectman Bucklin. The motion was
approved 5-0.
F. Update on past due Personal Property Tax collections and foreclosure notices for past due Real Estate Property Tax.
Finance Director Graves gave a brief update on past due Personal Property Tax collections and foreclosure notices for past due Real Estate Property Tax and the difficulties that he is having in getting compliance. The Board was in agreement that collection efforts should continue at this time and they are not prepared to “write off” those identified as uncollectable.
G. Approve purchase of 2010 Dodge Charger police cruiser from Darling’s Auto Mall for $22,619.00.
Police Chief Willis briefly described the process and disposition of the vehicle to be replaced. Selectman Mooers moved to approve the purchase of the Dodge Charger, seconded by Selectman Bucklin. The motion was approved 5-0.
VII. General Issues
None
VIII. Committee Reports
A. Acknowledge receipt of Public Protection Committee meeting minutes for August 12, 2009.
No action, acknowledged receipt of Public Protection Committee meeting minutes for August 12, 2009.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #20 for $1,740,376.83.
Selectman Mooers moved to approve the Treasurer’s Warrant #20 for $1,740,376.83, seconded by Selectman Damon. The motion was approved 4-1, Selectman Bonville voted against signing the warrant as she has questions regarding some warrant entries.
X Executive Session
A. Pursuant to M.R.S.A. Title 1, §405.6 (A), Town Manager annual performance review.
Selectman Mooers moved to go into executive session at 8:37PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Selectman Mooers moved to return to regular session at 10:05PM, seconded by Selectman Bonville. The motion was approved 5-0. No action taken.
Selectman Mooers moved to adjourn at 10:06PM, seconded by Selectman Bonville. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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