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MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Friday, October 30, 2009
A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, in Northeast Harbor.
Those present included: Vice Chairman Rick Mooers, Selectmen Chuck Bucklin, Jean Bonville and Marilyn Damon, Town Manager Michael MacDonald, Fire Chief Michael Bender, Harbor Master Shawn Murphy, Police Chief Jim Willis, Code Enforcement Officer Kimberly Keene, Tax Assessor Kyle Avila, Recording Secretary Jennifer McWain and members of the public.
I. Call to order.
Vice Chairman Mooers called the meeting to order at 1:04PM.
II. Minutes
A. None
III. Appointments and Communications
A. Accept resignation from Mount Desert Board of Selectmen from Jeffrey T. Smith, effective October 26, 2009.
Selectman Bucklin moved to accept the resignation from Mount Desert Board of Selectmen from Jeffrey T. Smith, effective October 26, 2009, with regrets and thanked him for his service to the Town and the Board of Selectmen, seconded by Selectman Bonville. The motion was approved 4-0.
B. Approve a method to fill a Mount Desert Board of Selectmen vacancy due to resignation. (Note term is until next Annual Town Meeting, May 3 & 4, 2010).
Town Manager MacDonald stated that Chairman Smith's term was due to end in May 2010. Vice Chairman Mooers asked the Board how they would like to proceed in filling this vacancy. Selectman Bonville moved to approve the process of selecting a replacement through the Board of Selectmen for the term expiring in May 2010, seconded by Selectman Damon. Selectman Bucklin clarified that there were three options to filling the vacancy, one was to do nothing, second was to fill by appointment and the last was to fill by holding an election at a Special Town Meeting. The motion was approved 4-0.
Vice Chairman Mooers asked the Board if they had a prescribed method for filling the vacancy and if they wished to place names in nomination. Selectman Bucklin mentioned that the Board had several people that had stepped forward and wanted to come back to the Board with recommendations. Vice Chairman Mooers stated that he hoped to reach consensus on an appointment and move toward confirmation of that appointment at the next Board of Selectmen meeting on Monday, November 2nd. Selectman Bonville stated that the agenda item was to approve a method to fill the vacancy, Bonville did not have a problem discussing it at this time, if the rest of the Board was agreeable, seconded by Selectman Damon. The motion was approved 4-0.
Selectman Damon noted that the Board currently had two applicants and by waiting until the next Board of Selectmen’s meeting on Monday it would give the Board time enough to ask for a few more applications through advertising. Vice Chairman Mooers reminded the Board of the time constraints, and mentioned that he knew of a third individual that was interested in nomination, and suggested that the Board make a list of the interested nominees. Vice Chairman Mooers read the list of names in nomination: Chris Moore, Dennis Shubert, Sumner Rulon- Miller, Tom Richardson and Rick Savage. Town Manager MacDonald pointed out that three nominates where in attendance, Shubert, Savage and Rulon-Miller. Vice Chairman Mooers encouraged the Board to start discussions. Selectman Damon stated that she
favored Tom Richardson because of his experience with the Warrant Committee and Chris Moore because he is young and she was hopeful that he would stay with the Board for years to come. Selectman Bucklin stated that three of the nominees were sitting on Town Committees, so he favored Chris Moore. Town Manager MacDonald pointed out that Selectman Bucklin’s choice was also on Town Committees. Selectman Bonville stated that nominee’s Rulon- Miller, Shubert and Richardson are currently serving on committees and she was concerned about removing them from these committees: nominee Moore is young, a property owner, and plans to stay in area and has an interest in the Town, and Savage has experience with the Town. Selectman Damon wanted to add to her comments about nominee Moore that by appointing him might attract more interest from people in his age group to join committees in the Town. Vice Chairman Mooers commented that Selectman Bonville will be absent for a couple or more
meetings in the future. Vice Chairman Mooers felt the Board should give due credence to the will of the voters for Rick Savage keeping in line with experience and to build confidence in the Board, and his experience would serve the Board well for the next six months. For the rest of the candidates’ this will offer the voters an interesting slate in May 2010.
Selectman Damon moved to request more time to consider the list of nominees and asks the Board to postpone the appointment until Monday’s meeting, because she was unaware of some of the nominee’s interests, seconded by Selectman Bonville.
Citizen Robert Smallidge asked if he could know what part of Town these nominees represented. The response was that the majority are from Northeast Harbor. Citizen Peckham voiced his concern for the next six months and that the nominee should be familiar with the workings of the Town and the local government, and because of Rick Savage’s experience he would be the right fit for the appointment. Citizen Bromage commented that he felt because of the work period dead ahead, that the Board needed to appointment someone that can hit the ground running and not be trained, and he favored Rick Savage. Citizen Smallidge commented that nominee Savage had shown himself to be representative of everyone in the Town, which is not always the case. Vice Chairman Mooers reminded the Board that there
was a motion on the floor from Selectman Damon to request more time to consider the list of nominees and ask the Board to postpone the appointment until Monday’s meeting, seconded by Selectman Bonville, there was no further discussion, The motion was approved 4-0.
IV. Consent Agenda
A. None
V. Selectmen Reports
None
VI. Old Business
A. None
VII. New Business
Selectman Bucklin noted that because of some of the personnel issues that the Board was dealing with, he would like to make a motion that the Board of Selectmen hire Drummond Woodsum and McMann to provide legal counsel to the Mount Desert Board of Selectmen for advice, seconded by Selectman Damon. Vice Chairman Mooers questioned the need to hire counsel from Portland when the Town has local attorneys that have represented the Town on issues in the past; and the Board has utilized and has ready access to them. Selectman Bucklin commented that Drummond Woodsum and McMann have been used by the Town in previous years and that their specialty is Municipal and Public Law. Town Manager suggested that the Board of Selectmen add this law firm to the list of approved attorneys that the Board appoints annually, and they are not currently appointed per
this list. Town Manager MacDonald requested more detail from Selectman Bucklin on the nature of the personnel issue, and stated that when he declares an Executive Session for an item he needs to know what part of the personnel issue he is dealing with, Union, discipline, separations or negotiations, and what is the purpose of engaging this firm. Selectman Bucklin stated that this would be for guidance in the evaluation process that the Board is going through with the Town Manager. Vice Chairman Mooers asked if the Board was going to suspend the process until they are available to provide legal advice interpretation assistance in terms of the evaluation. Selectman Bucklin thought that the Board should suspend it so that they could be involved in the process, because of the Board’s concerns in previous Executive Sessions. Selectman Bonville stated that the Board finds itself in a unique position in the sense that the Board is in the middle of the evaluation that started with
five members of the Board and now is reduce to four to finish the process. At present the fifth member’s input is included in the whole, but he would not be present to defend any portion that may have been submitted by him. She wasn’t sure if that would create a problem, legal advice for this matter would be helpful to her. Town Manager MacDonald stated that the evaluation sessions have included only the Board of Selectmen, because he waived his right to be present, he could have been present if he wished, and he is invoking his rights and formally asking for the draft copies of the evaluations that the Board did, that if in fact he had been present at those meetings he would have known what everyone had said and what was written in the evaluations. He also asked for and invoked the “Freedom of Access Act” request to all the Board of Selectmen members for any copies of emails of correspondence between themselves discussing any Town business. Town Manager
MacDonald provided the Board with copies of his request and reminded the Board that they had five days to respond to the request with a yes or no answer that they would comply. Selectman Bonville pointed out that Town Manager MacDonald was asking for 5 individuals evaluations that no longer exist, which has been the process that the Board had observed in prior years. The instructions from the Chairman were to shred the individual drafts as the information had been complied within a single evaluation. Town Manager MacDonald stated that was done with his acquiesce, and that had not been given in this particular instance. Town Manager MacDonald restated that he took himself out of the evaluation to let the Board discuss freely, but he did not give the authority or the permission to destroy the draft evaluations in the process. Selectman Bonville restated that was how it had been done in past years. Town Manager MacDonald stated that in prior years he was offered the opportunity to
have an extension on his contract and completion of his evaluation by his anniversary date, current Board of Selectmen practice is not in compliance with his contract.
There were questions from the Board about the requested emails, and a clarification from Vice Chairman Mooers that the Board had five business days to respond to the Town Manager’s request that the Board will or will not comply with his request.
Vice Chairman Mooers reminded the Board that there was a motion on the floor from Selectman Bucklin to retain the services of Drummond, Woodsum, and McMann to represent the Board of Selectmen as they proceed through their process of the evaluation of the Town Manager, seconded by Selectman Damon. The motion was approved 3-1, with Mooers opposing.
The Board of Selectmen requested that Selectman Bucklin contact Drummond, Woodsum, and McMann.
VIII. General Issues
A. None
IX. Committee Meetings Reports
A. None
X. Treasurer’s Warrants
A. None
XI Executive Session
None
Selectman Bonville moved to adjourn the meeting at 1:32PM, seconded by Selectman Bucklin. The motion was approved 4-0.
Respectfully submitted,
Jean Bonville
Secretary
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