MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 01, 2009
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, and Marilyn Damon, Town Manager Michael MacDonald, Recording Secretary Jennifer McWain and members of the public. Selectman Jean Bonville was absent.
I. Call to order.
Chairman Richardson called the meeting to order at 5:03PM.
II. Minutes
None
III. Appointments and Communications
None
IV. Consent Agenda
None
V. Selectmen Reports
None
VI. Old Business
None
VII. New Business
None
VIII. General Issues
None
IX. Committee Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #32 for $403,089.11.
Selectman Mooers moved to approve Treasurer’s Warrant #32 for $403,089.11, seconded by Selectman Bucklin. The motion was approved 3-0-1, with Selectman Damon abstaining.
XI Executive Session
A. Pursuant to M.R.S.A., Title 1, §405.6 (E) consultation with legal counsel concerning legal rights and duties. Composition of written record of decision involving the dismissal or refusal to renew the Town Manager’s contract to comply with M.R.S.A., Title 1 §407.
Chairman Richardson opened the item for comment. Town Manager MacDonald’s Attorney Bearor questioned the necessity of conducting an executive session to discuss the composition of a response as required by Title 1, §407 as the evaluation had been conducted in public. Board of Selectmen Attorney Plouffe indicated the executive session would not discuss any of the Town Manager’s performance, but was rather to discuss the Board’s rights and responsibilities. Mr. Bearor asked that his exception be noted.
At 5:25PM Selectman Bucklin moved to go into Executive Session, seconded by Selectman Damon. The motion was approved 4-0. The members of the Board of Selectmen and Attorney Plouffe moved to a private office in the building.
At 6:07PM the Board of Selectmen returned, Selectman Mooers moved to come out of Executive Session, seconded by Selectman Bucklin. The motion was approved 4-0.
Chairman Richardson announced that the Board had a written draft of a letter of response to Town Manager MacDonald’s request to comply with M.R.S.A., Title 1 §407 written record of decision. Several members of the public offered numerous comments questioning the rationale of the decision to not renew the Town Manager’s contract. Selectman Mooers moved that the minutes reflect that the Board of Selectmen did not vote on the contents of the letter, rather by recommendation that, if the contents of the letter represent an accurate reflection of the “No Votes” rendered by Selectmen Damon and Bucklin, then it should be reduced to official Town letterhead, signed by the Chairman of the Board of Selectmen and presented to Town Manager MacDonald as an official document available for public inspection, seconded by
Chairman Richardson. The motion was approved 4-0.
Chairman Richardson brought up the subject of the next Board of Selectmen meeting date. Following considerable discussion and comments from the public, the Board decided to move the date of the next meeting from December 7th to December 14th. The Board also agreed to maintain the previously approved budget schedule with the December 21st meeting as the date the budget would be presented to the Board.
Selectman Mooers moved to adjourn the meeting at 6:30pm, seconded by Selectman Bucklin. The motion was approved 4-0.
Respectfully submitted,
Jean Bonville
Secretary
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