MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, November 02, 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, Finance Director John Graves, Police Chief Jim Willis, Code Enforcement Officer Kimberly Keene, Town Clerk Joelle Nolan, 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 6:30PM.
II. Minutes
A. Approval of minutes of Regular Meeting of September 21, 2009 and October 19, 2009.
Selectman Bonville moved to approve the minutes of September 21, 2009 and October 19, 2009, seconded by Selectman Bucklin. The motion was approved 4-0.
III. Appointments and Communications
A. Approve appointment of Sumner Rulon-Miller to Public Protection Committee.
Selectman Bucklin moved to approve the appointment of Sumner Rulon-Miller to the Public Protection Committee, seconded by Selectman Damon. The motion was approved 4-0.
B. Accept resignation of Police Patrol Officer Christopher K. Wharff effective November 3, 2009.
After comments of appreciation and good wishes in the new position with the Town of Bar Harbor, Selectman Bonville moved to accept the resignation of Police Patrol Officer Christopher K. Wharff effective November 3, 2009, seconded by Selectman Bucklin.
The motion was approved 4-0.
Break for Public Hearing to receive comments on the New General Assistance Maximums. The Public Hearing was opened at 6:35PM. Town Manager MacDonald stated that the State of Maine requires that the Town hold a public hearing for the annual adjustments for the maximum to the General Assistance tables. There were no comments from the public; the Public Hearing was closed at 6:36PM.
C. Accept resignation of Police Patrol Officer Jacob E. Day effective November 16, 2009.
After comments of appreciation and good wishes in the new position with the Town of Bar Harbor, Selectman Bucklin moved to accept the resignation of Police Patrol Officer Jacob Day effective November 16, 2009, seconded by Selectman Bonville. The motion was approved 4-0.
D. Appointment to fill unexpired term of vacant Board of Selectmen position.
There was considerable discussion; the Board had many comments of support for one candidate or another. Vice Chairman Mooers asked if any candidate would withdraw from consideration, Sumner Rulon-Miller and Rick Savage after giving their reasons withdrew. Following more discussion Selectman Damon moved to appoint Tom Richardson to fill the unexpired term of the vacant Board of Selectman position, seconded by Selectman Bonville. The motion was approved 4-0.
Tom Richardson took the oath of office administered by Town Clerk Joelle Nolan.
IV. Consent Agenda
A. Approve 2009-2010 General Assistance Ordinances Appendices A, B and C.
B. Acknowledge receipt of Olver Associates Weekly Construction Summary for Somesville WWTF Upgrade for October 16 and October 23, 2009.
C. Acknowledge receipt of note of appreciation from Woods Road Association.
D. Acknowledge receipt of notice of transfer of funds from Acadia Trust.
E. Acknowledge receipt of notice from Seal Harbor Village Improvement Society of intent to rehabilitate Dunham Memorial Park. Acceptance of gift of trees would require Town Meeting approval of a “Conditional Gift.”
F. Acknowledge receipt of notice of change in chairmanship of Public Protection Committee.
G. Acknowledge receipt of request for support for MDI Community Campfire Coalition.
Selectman Bucklin moved to approve the Consent Agenda as presented, items A-G no items removed, seconded by Selectman Damon. The motion was approved 5-0.
V. Selectmen Reports
Reorganization of Board of Selectmen, election of Chairman, Vice Chairman and Secretary.
Vice Chairman Mooers declined the nomination for the Board of Selectmen Chair. After discussion, Selectman Bonville nominated Tom Richardson as Chairman, Rick Mooers as Vice Chairman, and Jean Bonville as Secretary, seconded by Vice Chairman Mooers. The motion was approved 5-0.
Selectman Damon suggested having a group sponsored candidate night for Town Officials. Town Manager MacDonald suggested that this was not appropriate for the Town to sponsor such an event, this should be done be a civic group. Selectman Damon suggested a group come forward that is interested.
Selectman Bucklin summarized his contact with the Board’s attorney and suggested dates for an executive session with the attorney. The date of November 11, 2009 in the afternoon was agreed upon. Town Manager MacDonald will provide public notices and an agenda.
VI. Old Business
A. Approve financial support for MDI Community Campfire Coalition, amount to be determined.
After a summary of the 2008 approval and usage process by Vice Chairman Mooers, Vice Chairman Mooers moved to send $1,000.00 from the Selectmen’s Contingency account to the Campfire Coalition, seconded by Selectman Bonville. The motion was approved 5-0.
B. Approve additional appropriation and declare additional offsetting revenue for Phase II of “Northeast Harbor Marina Redevelopment Project.”
Following considerable discussion on including Revenue and Expense of Phase II of the Northeast Harbor Marina Project in the Marina Budget, Vice Chairman Mooers moved to approve additional appropriation and declare additional offsetting revenue for Phase II of “Northeast Harbor Marina Redevelopment Project”, seconded by Selectman Bucklin. The motion was approved 4-0-1; Chairman Richardson abstained from the vote.
C. Review of Finance Director report on NEH Marina Master Plan Expenses.
After limited discussion this agenda item was tabled until a future meeting.
D. Review of Finance Director report on Capital Reserve Balances.
Selectman Bonville indicated that the report format is confusing, she was unable to reference comments to line in the worksheet. The Board acknowledged the receipt of the report without taking any action.
E. Review Fire Chief Bender’s report on regionalization of fire protection services.
Fire Chief Bender initiated contact with the other island Fire Chiefs, he said that the reception was luke warm. Fire Chief Bender suggested that the Board of Selectmen draft a letter to the other island Selectman and Town Council. Vice Chairman Mooers recommended to the Board that they wait until they receive the study from the Public Protection Committee before they draft their letter.
F. Neighborhood House fitness program discount for Town employees, (Damon).
Discussion for the Neighborhood House fitness program discount for Town employees was tabled for a future agenda.
G. Sign Special Town Meeting Warrant.
Selectman Bonville moved to sign the Special Town Meeting Warrant, seconded by Selectman Bucklin. The motion was approved 5-0.
H. Approve extension to Town Manager employment contract to November 2, 2012.
Selectman Bucklin asked to table the agenda item to a future meeting. Town Manager Michael MacDonald pointed out October 1 deadline in employment agreement and now six weeks beyond that date. Town Manager MacDonald also repeated his request for Board of Selectmen emails under the Freedom of Access Act, and that he be allowed to attend any meeting during which his contract was being discussed. Selectman Bucklin and Bonville pointed out that with Chairman Smith’s resignation the circumstances and of the evaluation process has changed. Selectman Bucklin moved to table agenda item until the November 16, 2009 meeting after the Special Town Meeting, seconded by Selectman Damon. The motion was approved 5-0.
VII. New Business
A. Accept gift of a sidewalk adjacent to property at Town of Mount Desert property tax map 10 lot 146 as authorized by 2009 Annual Town Meeting Warrant Article 53.
Selectman Bonville moved to accept the gift of a sidewalk adjacent to property at Town of Mount Desert property tax map 10 lot 146 as authorized by 2009 Annual Town Meeting Warrant Article 53, contingent upon all legal documents being in order, seconded by Selectman Bucklin. The motion was approved 5-0.
VIII. General Issues
A. Review of voting credentials for Town staff members of Public Protection Committee (Bonville).
There was considerable discussion if Town employees should continue to be voting members of committees. Public Protection Committee member Dennis Shubert defended the status quo. Citizen Durlin Lunt suggested Town employees not voting will remove them from the political process. There were many other comments from the members of the public suggesting no voting by Town employees. Selectman Damon moved to repeal the Town employee’s ability to vote at the Public Protection Committee, seconded by Chairman Richardson. The motion failed 2-2-1, Richardson and Damon for, Bucklin and Mooers against, and Bonville abstained from the vote. Selectman Bucklin mentioned that the committee meetings need to be better advertised.
IX. Committee Meetings Reports
Acknowledge receipt of Public Protection Committee minutes; September 30, 2009 and “Best Fit” workgroup, September 30, 2009.
Acknowledgement of receipt of Public Protection Committee minutes; September 30, 2009 and “Best Fit” workgroup, September 30, 2009, no action taken.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #26 for $1,819,903.56.
Selectman Bucklin moved to approve the Treasurer’s Warrant #26 for $1,819,903.56, seconded by Selectman Mooers. The motion was approved 3-1-1, Selectman Bonville against, and Chairman Richardson abstained from voting.
XI. Executive Session
None
Selectman Bucklin moved to adjourn the meeting at 8:25PM, seconded by Selectman Bonville. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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