MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 14, 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, Marilyn Damon, and Jean Bonville, Town Manager Michael MacDonald, Fire Chief Michael Bender, Police Chief James Willis, Code Enforcement Officer Kimberly Keene, Finance Director John Graves, Assessor Kyle Avila, Public Works Director Tony Smith, Harbor Master Shawn Murphy, Town Clerk Joelle Nolan, Recording Secretary Jennifer McWain and members of the public.
I. Call to order.
Chairman Richardson called the meeting to order at 6:30PM.
II. Minutes
A. Approve meeting minutes of October 30, 2009, November 11, 1009, November 16, 2009 and December 1, 2009.
Selectman Bonville moved to table the minutes for October 30 and November 11 and bring the minutes of November 2, 2009 back to the next Board of Selectmen meeting, seconded by Selectman Damon. The motion was approved 5-0.
III. Appointments and Communications
A. Approve appointment of Kay Graves to Warrant Committee.
Selectman Bonville moved to approve the appointment of Kay Graves to Warrant Committee, seconded by Selectman Damon. The motion was approved 5-0.
B. Approve appointment of Izaak Giberson to Recycling Committee.
Selectman Mooers moved to approve the appointment of Izaak Giberson to the Recycling Committee, seconded by Selectman Damon. The motion was approved 5-0.
C. Confirm appointment of Kenneth P. Mitchell as Police Patrol Officer, effective December 28, 2009 at hourly rate of $19.25, increasing to $20.21 after successful completion of six-month probationary period.
Selectman Bonville moved to confirm the appointment of Kenneth P. Mitchell as Police Patrol Officer, effective December 28, 2009 at hourly rate of $19.25, increasing to $20.21 after successful completion of six-month probationary period, seconded by Selectman Mooers. The motion was approved 5-0.
D. Confirm appointment of Brian D. McGinley as Police Patrol Officer, effective December 28, 2009 at hourly rate of $17.06, increasing to $17.91 after successful completion of six-month probationary period.
Selectman Mooers moved to confirm the appointment of Brian D. McGinley as Police Patrol Officer, effective December 28, 2009 at hourly rate of $17.06, increasing to $17.91 after successful completion of six-month probationary period, seconded by Selectman Bonville. The motion was approved 5-0.
E. Accept with regret resignation of Thomas G. Richardson from Warrant Committee and Zoning Board of Appeals effective November 3, 2009.
Selectman Bonville moved to accept with regret the resignation of Thomas G. Richardson from Warrant Committee and Zoning Board of Appeals effective November 3, 2009, seconded by Selectman Damon. The motion was approved 5-0.
F. Accept resignation of part-time Patrol Officer Troy B. Richardson, effective November 23, 2009.
Selectman Mooers moved to accept the resignation of part-time Patrol Officer Troy B. Richardson, effective November 23, 2009, seconded by Selectman Bucklin. The motion was approved 5-0.
IV. Consent Agenda
A. Acknowledge receipt of Special Town Meeting Minutes, informational only, no action required.
B. Acknowledge note of appreciation from Island Connections for donation.
C. Acknowledge receipt of letter of appreciation from Maine Sea Coast Mission for contribution to Campfire Coalition.
D. Acknowledge receipt of letters of appreciation from Mount Desert Island Skate Park Association.
E. Acknowledge receipt of monthly department reports, Code Enforcement, Police, Fire, Town Clerk, Public Works, Wastewater and Assessing, and Harbors.
F. Acknowledge notice of Municipal Review Committee December 9, 2009 Annual Meeting and Special Meeting of Board of Directors.
G. Acknowledge receipt of Olver Associates weekly construction summary for Somesville WWTP Upgrade for week of November 13, 2009.
H. Acknowledge receipt of monthly financials, Revenue/Expense Report and General Ledger for the period ending November 30, 2009.
Selectman Mooers moved acceptance and acknowledgement of Consent Agenda and Communications, seconded by Selectman Bonville. Selectman Bonville requested item H be removed from the Consent Agenda, because she had questions relating to the financials. The motion was approved 5-0.
Selectman Bonville requested a Board of Selectmen workshop to express her questions and concerns on the recent financials. The Board agreed to hold a workshop one half hour before the next regularly scheduled Board of Selectmen meeting at 6:00PM on Monday, December 21, 2009.
V. Selectmen Reports
Selectman Mooers questioned what Maine DOT was doing about the ice build up at the corner of Oak Hill Road and Route 102; currently there is a driving hazard. Public Works Director Smith detailed the activity to date; he has met with the property owner’s caretakers and Maine DOT officials to work out a plan to reduce the water entering the intersection.
Selectman Damon stated that the Mount Desert Chamber of Commerce will be sponsoring a candidates night prior to the May 2010 election. Selectman Damon also commented favorable on Wastewater Treatment Plant Superintendent’s report on saving the Town money on repairs. She also asked if the Northeast Harbor Marina project plans could be posted on the relocated bulletin board out front of the meeting room, Harbor Master Murphy indicated he would. Selectman Damon suggested a meeting with all Town employees to get to know each other better. Finally Selectman Damon questioned Public Works Director regarding the site on Route 198 where the Town places excess excavated material from various projects. Public Works Director Smith said that there were plans to secure the area; he also stated that the site was reviewed and approved by the MDOT,
DEP, Planning Board and Board of Selectmen.
Selectman Bonville commented that she was happy with the recent addition of lights to the steps in front of the meeting room.
VI. Old Business
A. Review Finance Director Report on Reserve activity and balances.
Finance Director Graves provided the Board an explanation of the information on the Reserve activity and balances spreadsheets.
B. Review proposed Ethics Policy Ordinance for adoption at Town Meeting.
Selectman Mooers detailed why he chose the Town of Sebago for the ethics policy. There was considerable discussion suggesting adding an ethics policy to the 2010 May Town Meeting agenda. Selectman Bonville suggested that the policy was repetitious with our Town Charter and suggested a workshop for the issues needing more work. Selectman Bonville suggested adding this topic to the January 19, 2010 meeting agenda. The Board members agreed.
C. Review proposed Flu Policy for municipal employees.
There was considerable discussion and comments from the members of the public. Town Manager MacDonald said that he thought that the Town was unlikely to use this policy extensively. Selectman Damon stated that she thought that the benefit package that the Town employees receive now is a good arrangement, and doesn’t see any reason to increase it. Selectman Mooers suggested approval of the policy based on the conditions that the H1N1 vaccine is not readily available. Information in the newspaper today indicated that the H1N1 vaccine is widely available. Item died for lack of a motion and a second.
D. Approve Town Manager salary increase to $1,610.60; 3.0%, consistent with Town Merit Pay Plan.
Town Manager MacDonald presented information, tables and charts to suggest that the Board of Selectmen were obligated to follow the Town’s Personnel Policy and Merit Pay Plan. Selectman Bonville challenged the obligation, challenged the data provided and the fact the Town Manager prepared the salary change charts from the data he entered. Selectman Bonville was not in favor of the increase because merit is reward for doing a job in the future and whereas Town Manager MacDonald’s contract was not renewed, she felt that the Board was not obligated to award the salary increase. Selectman Bucklin stated his reasons for voting against the increase were the same as Selectman Bonville, no award for a less than acceptable evaluation. Selectman Damon stated that she was a “newbie” and also felt that a less than acceptable
evaluation is a reason to deny a salary adjustment. Selectman Mooers moved to approve the Town Manager salary increase to $1,610.60; 3.0%, consistent with Town Merit Pay Plan, seconded by Chairman Richardson. The motion failed 2-3, Selectman Mooers and Chairman Richardson for, and Selectmen Bonville, Bucklin and Damon against.
VII. New Business
A. Approve acceptance of gift of an Automatic External Defibrillator (AED) from Mount Desert Fire and Rescue Association for use at Northeast Harbor Marina.
Selectman Mooers moved to approve the acceptance of the gift of an Automatic External Defibrillator (AED) from Mount Desert Fire and Rescue Association for use at Northeast Harbor Marina, seconded by Selectman Bonville. The motion was approved 5-0.
B. Approve Town Office closure at 1:00 PM on December 24, 2009.
Selectman Bonville moved to approve the Town Office closure at 1:00 PM on December 24, 2009, seconded by Selectman Mooers. A citizen suggested advertising advising the early closure. The motion was approve 5-0.
VIII. General Issues
A Summary of Police Chief Willis’ invitation and trip to International Association of Police Chiefs focus group meeting in Dallas Texas.
Town Manager MacDonald gave the Board a brief summary of Police Chief Willis’ trip to Dallas for International Association of Police Chiefs focus group meeting. Town Manager MacDonald told the Board that there have been many compliments of honor to Chief Willis for being chosen to participate. Town Manager MacDonald advised the Board that all Department Heads are encouraged to participate in their respective professional associations and to take advantage of training opportunities when they occur. Selectman Damon gleefully acknowledged the trip did not cost the Town anything.
IX. Committee Meetings Reports
A. Public Protection Committee meeting minutes.
B. Public Protection Committee “Second Interim Report” of options for resolving Public Safety deficiencies.
C. Public Protection Committee Recommendation FAQ.
Public Protection Committee Chairman Dennis Shubert spoke to items A, B and C with a brief summary of the second interim report, with a suggestion that because of the late hour, the Board of Selectmen review the minutes and report. The Board gave favorable comments on the work that the Public Protection Committee has done. No action taken.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #35 for $7,297.81; #37 for $150,948.00; #38 for $381,064.14, and #39 for $71,626.92.
The Treasurer’s Warrant’s were approved individually.
Selectman Mooers moved to approve Warrant #35 for $7,297.81, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Mooers moved to approve Warrant #37 for $150,948.00, seconded by Selectman Bonville. The motion was approved 5-0.
Selectman Mooers moved to approve Warrant #38 for $381,064.14, seconded by Selectman Bucklin. The motion was approved 4-1, Selectman Bonville voted against.
Selectman Mooers moved to approve Warrant #39 for $71,626.92, seconded by Selectman Bucklin. The motion was approved 5-0.
XI. Executive Session
None
Selectman Bonville moved to adjourn the meeting at 8:25PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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