MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, November 16, 2009
A meeting of the Board of Selectmen was held this date in the Kelley Auditorium, Mount Desert Elementary School, Joy Road in Northeast Harbor, following the conclusion of the Special Town Meeting.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, 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 130 members of the public. Selectman Bonville was absent.
I. Call to order.
Chairman Richardson called the meeting to order at 6:14PM, after a brief delay at the conclusion of the Special Town Meeting.
II. Minutes
A. Approval of minutes of Regular Meeting of November 2, 2009
Selectman Mooers moved to approve the minutes of November 2, 2009 without corrections, seconded by Selectman Bucklin. The motion was approved 4-0.
III. Appointments and Communications
None
IV. Consent Agenda and Communications
A. Acknowledge receipt of monthly department reports, Assessing, Town Clerk, Police, Fire, Public Works (Highway, Solid Waste, Buildings and Grounds, Wastewater), Wastewater, Code Enforcement, Harbors and Finance.
B. Acknowledge receipt of Olver Associates Weekly Construction Summary for Somesville WWTF Upgrade for weeks of October 30 and November 2, 2009.
C. Acknowledge receipt of letter from Long Pond resident requesting a meeting with the dam owner (Town of MD) to review dam level and develop a “cooperative solution” to determine appropriate water level.
D. Acknowledge receipt of monthly financials, revenue/expense report and general ledger for month ending October 31, 2009.
Selectman Mooers moved to approve the Consent Agenda and acknowledgement of Communication as presented, items A-D no items removed, seconded by Selectman Bucklin. The motion was approved 4-0.
V. Selectmen Reports
Selectman Mooers requested adding a code of ethics topic as an agenda item for the December 7th Board of Selectmen Meeting.
Selectman Bucklin commented favorably and thanked those who volunteered their efforts to assist a former volunteer Fire Department member’s widow.
VI. Old Business
A. Approve return of $2,652.69 from Float Project and return of $722.03 from Master Plan Phase I to NEH Marina CIP Reserve (account #20-24120-82) and authorize release of $5,000.00 from NEH Marina CIP Reserve for Phase II of “Northeast Harbor Marina Redevelopment Project.”
After brief discussion on the logic of returning the unspent authorizations of $2,652.69 from Float Project and return of $722.03 from Master Plan Phase I to NEH Marina CIP Reserve (account #20-24120-82) and authorize release of $5,000.00 from NEH Marina CIP Reserve for Phase II of “Northeast Harbor Marina Redevelopment Project,” Selectman Mooers moved to approve the agenda item as written, seconded by Selectman Damon. The motion was approved 4-0.
B. Approve extension to Town Manager employment contract to November 2, 2012.
Selectman Mooers moved to table discussion on the extension to Town Manager’s employment contract to November 2, 2012 until after the completion of the Town Manager’s performance evaluation, seconded by Selectman Damon. The motion was approved 4-0.
VII. New Business
A. Cast ballot for one position on the Municipal Review Committee (MRC) Board of Directors.
After a brief discussion as to what the Municipal Review Committee Board does, Chairman Richardson moved to cast one ballot for Robert Farrar, seconded by Selectman Bucklin. The motion was approved 4-0.
B. Review flu policy for municipal employees.
After discussion and responding to questions from citizens present, this agenda item was tabled to the December 7th meeting.
VIII. General Issues
A. Discussion of approving a between meeting accounts payable warrant, three week period between meetings, next scheduled meeting December 7, 2009.
The Board of Selectmen agreed to sign the accounts payable warrant during the three week period between regular Board meetings. A warrant will be ready for December 1st.
B. Update on status of schoolhouse ledge parcel.
Town Manager MacDonald updated the Board on the discussion of exploration of the possibilities for the parcel and advised the Board that he was to have a site visit the next day with the National Park Service and representatives of the Rockefeller’s.
IX. Committee Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 29 for $859,396.39.
Town Manager MacDonald provided notice to the Board that all the invoices contained in the Warrant were available for inspection if any of the Selectmen had questions, stating that he would appreciate resolving any questions from the Board before they voted on the Warrant. Selectman Mooers moved to approve Treasurer’s Warrant # 29 for $859,396.39, seconded by Selectman Bucklin. The motion was approved 4-0.
XI. Executive Session
A. Pursuant to M.R.S.A. Title 1, subsection 406.6(A), Town Manager annual performance review.
Selectman Mooers moved to accept the Town Manager’s waiver of his rights to discuss his annual performance review in Executive Session pursuant to M.R.S.A. Title 1, subsection 406.6(A), seconded by Selectman Damon. The motion was approved 4-0.
Town Manager MacDonald waived his right to have his annual performance review in Executive Session and provided the Selectmen with a signed waiver. Town Manager MacDonald and Board Chairman Richardson described the evaluation process up to the point of this meeting. Town Manager MacDonald read the evaluation ratings system, and the criteria for each evaluation component.
Town Manager MacDonald proceeded to read the combined evaluation score, and the Board of Selectmen’s evaluation comments. MacDonald presented points and suggested that the evaluation number be increased. Selectman Bucklin and Damon refused to amend their evaluation number. Members of the public weighed in, some supporting increasing the evaluation number; some thinking the number should remain the same. Chairman Richardson asked the Board again if they were willing to increase any of the evaluation numbers, majority was unwilling.
At conclusion of the evaluation session, the Board returned to the tabled item VI. B, Selectman Mooers moved to approve the extension to Town Manager employment contract to November 2, 2012, seconded by Chairman Richardson. The motion failed, 1-2-1, Selectman Mooers for, Selectman Bucklin and Damon against, and Chairman Richardson abstaining. The Town Manager contract extension was not granted.
Selectman Mooers moved to approve a one year extension of the Town Manager’s contract, seconded by Chairman Richardson. The motion failed, 1-2-1, Selectman Mooers for, Selectman Bucklin and Damon against, and Chairman Richardson abstaining. The Town Manager’s two year contract extension was not granted.
Town Manager MacDonald provided the Board of Selectmen with copies of M.R.S.A. Title 1 §407 requiring compliance with a written record of decision involving the dismissal or refusal to renew the Town Manager’s contract. Selectman Bucklin requested time to consult with Attorney Plouffe to produce the requested material. Town Manager MacDonald asked to be present at any meeting that included discussion of his performance or evaluation. Selectman Bucklin will contact Attorney Plouffe to request assistance with the findings and decision.
Selectman Mooers moved to adjourn the meeting at 8:30PM, seconded by Selectman Bucklin. The motion was approved 4-0.
Respectfully submitted,
Jean Bonville
Secretary
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