MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, June 16, 2008
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Somesville Fire Station, Mount Desert, Maine.
Those present included: Chairman Jeffrey Smith, Selectmen Jean Bonville, Rick Mooers, Patrick Smallidge, and Chuck Bucklin; Town Manager Michael MacDonald; Public Works Director Tony Smith; Fire Chief Mike Bender, Town Clerk Joelle Nolan, Recording Secretary Kathleen Miller and members of the public.
I. Call to order.
Chairman Smith called the meeting to order at 6:30 p.m.
II. Minutes
A. Approval of minutes of Regular Meeting of June 10, 2008.
MOTION: Selectman Bonville moved to approve the minutes of the Regular Meeting of June 10, 2008 with a correction on page 2, line 5, changing the location of the June 16 meeting to the Somesville Fire Station, seconded by Selectman Mooers. The vote was 4-0 in favor. Selectman Smallidge abstained.
III. Appointments and Communications
A. Confirm appointment of Lewis Hutchins as part-time Code Enforcement Officer and Licensed Plumbing Inspector, effective June 17, 2008, at a rate of $20.00 per hour.
There was a discussion about Mr. Hutchins qualifications and the need to provide back up support to the CEO to respond to some permits within a limited timeframe when the CEO is away. It was noted there was no end date for this appointment.
MOTION: Selectman Mooers moved to confirm the above appointment, seconded by Selectman Smallidge. The vote was unanimous in favor.
B. Confirm appointment of Jordan Zwerdling as summer recycling attendant, effective June 17, 2008 at a rate of $12.00 per hour.
MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Mooers. The vote was unanimous in favor.
C. Confirm appointment of Larry Geandreau as Wastewater Treatment Plant Summer Helper, effective June 17, 2008 at a rate of $12.00 per hour.
MOTION: Selectman Smallidge moved to confirm the above appointment, seconded by Selectman Mooers. The vote was unanimous in favor.
D. Accept resignation of Finance Director Brent Hamor, effective June 16, 2008.
MOTION: Selectman Smallidge moved to accept the above resignation, seconded by Selectman Mooers. The vote was unanimous in favor.
E. Approve appointment of Joelle Nolan as Tax Collector.
It was noted that the position of Finance Director includes the role of both Tax Collector and Treasurer, and that the Town is required to have those positions filled.
MOTION: Selectman Mooers moved to approve the above appointment, seconded by Selectman Bucklin. The vote was unanimous in favor.
F. Approve appointment of Michael MacDonald as Treasurer.
There was considerable discussion, with members of the public expressing grave concern over recent Auditor's reports, concern over management and oversight of financial matters, and concern over appointing the Town Manager as Treasurer, with no time limit for the appointment. The Selectmen stated they shared the concerns brought out by the Audit, said some procedural changes were put into place even before the report was finalized, were alerted to problems in January but wanted to have a full audit conducted before taking other actions. It was noted that a part time person has been hired to fill in on some duties until a new Finance Director is hired. Some members of the public and on the Board stated their support of the appointment. Mr. MacDonald responded to some specific questions regarding his responsibility. He also noted the part time
person has 20 days to comply with the Audit recommendations. He noted June 30 is the end of the fiscal year and things must be in order to send out tax bills. He said various departments would work to reconcile their individual accounts in order to get the work done on time.
MOTION: Chairman Smith moved to approve the above appointment. The motion failed for lack of a second.
MOTION: Selectman Mooers moved to amend the appointment to read "…as Treasurer until such time as the position of Finance Director is filled" seconded by Selectman Smallidge. The vote was unanimous in favor.
G. Acknowledge receipt of monthly department reports; Code Enforcement, Harbor Master, Assessing, Public Works-Highway, Refuse, Buildings and Grounds, and Wastewater.
No action required.
H. Citizen letter suggesting toll booth revenue to fund tourist/visitor costs.
The Selectmen thanked the author for the suggestion. It was noted that the suggestion would require action by the legislature, and is unlikely to be approved.
I. USDA notice of Rural Development Repair and Rehabilitation Grant Program.
No action required.
J. Maine Bureau of Labor, Labor Relations Board Election Report.
I was noted the Members voted for No Representation, and that on June 30 they will revert to regular Town employees with no bargaining unit, but follow regular personnel manual and policy merit raise arrangements.
K. MDI Regional High School assessment for the fiscal year 2008-2009
There was discussion about the high school meeting and the low attendance, noting it was primarily people required to attend. The funding formula remains in place, with 33% of the assessment based on the enrollment by each town, and a 67% based on town valuation. It was noted that the assessment for the Town now is approximately $20,000 per student or higher, considerably higher than other towns. There was also a discussion about how other towns might join, given the new school arrangements and the existing formula.
L. MDOT response from Pretty Marsh Road Maintenance Surface Treatment inquiry.
The MDOT responded to the Town in a letter. Public Works Director Tony Smith stated that the east end of the road essentially would receive a top coating that will last a year.
IV Selectmen's Reports
Selectman Bonville expressed thanks to the town office personnel for their efforts in picking up the extra work, and to Public Works Director Smith for his work on the Bond issue. She also noted she was happy to see the light back on the flag pole, which has been missing for two years.
Selectman Smallidge complimented the Town on the new ramp at Pond's End, but reported problems with boats of a certain size. Public Works Director Smith said he would look into it.
Selectman Mooers thanked the citizens of the Town for coming out to the meeting and expressing their concern, saying it keeps the Board on guard.
V Old Business
A. Authorize Code Enforcement Officer to proceed with vehicle replacement.
The CEO has price quotes for a new vehicle, which must be ordered by July 1 for '07 pricing.
MOTION: Selectman Mooers moved to authorize the purchase, but to hold until the money is available, seconded by Selectman Bonville. The vote was 4-1 in favor, with Selectman Smallidge voting against.
B. Approve labor agreement with Teamsters Local #340 representing Public Works employees.
There was considerable discussion about the benefits given to Town employees, which are 100% town paid health insurance benefit. It was noted that the benefits are a major factor in hiring and retaining employees, which contributed to a good workers' comp rating. It was also noted that it is expensive and may represent the single largest increase in the budget. There were suggestions to look into self-insuring or hiring new employees at less than 100% with gradual increases for remaining.
MOTION: Selectman Smallidge moved to approve the labor agreement noted above, seconded by Selectman Mooers. The vote was unanimous in favor.
C. Discussion of Comprehensive Plan approval process.
There was considerable discussion on moving the Comprehensive Plan forward. Mr. MacDonald stated the advice of legal counsel was to change the word "shall" in many places to "shall seek to" in order to change many items from a mandate to a goal. Jerry Suminsby said that many of the changes suggested by the Board had been completed. It was suggested that any public hearings get underway soon, with the possibility of holding three in different villages, or one for the whole town, sharing it with the Summer Residents' Association. Other point of discussion: questioning if it will stand up in court hearings; the context of the old Comprehensive Plan and the new State requirements; the timeliness of the document with aging data the longer it goes without approval; guidelines versus mandates; the intention to review it
periodically.
MOTION: Selectman Smallidge moved to hold a Town public hearing on the Comprehensive Plan August 11 at 6:30 p.m. in the Elementary School gym if available, seconded by Selectman Mooers. The vote was unanimous in favor. The Board directed the Town Manager to make the arrangements, advertise, and make copies available at the libraries.
D. Approve State Revolving Loan Fund application for Somesville WWTP upgrade.
There was a discussion on a 10 or 15 year bond, and whether enough money had been raised at Town Meeting to meet the obligations.
MOTION; Selectman Bonville moved to approve a 10-year revolving loan, seconded by Selectman Smallidge. The vote was unanimous in favor.
E. Discuss MMA Legal opinion on Somesville sidewalk gift.
There was a discussion about the role of the Town in an application to the State DOT for a right-of-way regarding the construction of a sidewalk in Somesville, and if ownership was necessary in order to apply.
MOTION: Selectman Mooers moved to table the item until July 7 and seek the opinion of the DOT regarding ownership vs. application roles and liabilities, seconded by Selectman Bonville. The vote was unanimous in favor.
F. Discuss Selectman Bonville's assisting with bringing financial records to current status.
There was considerable discussion about the role of a Selectman relative to Town employees and the rules that apply in our form of Town governance. There was acknowledgement of the value of Ms. Bonville's experience and value to the Town finance office, and the possible role of a volunteer, on a temporary basis, providing information, but not keeping the books, making deposits, or writing checks. There was discussion over the need to move quickly on a decision since the books must be corrected by end of June. There was concern over the working relationship between a Selectman and employees, and the need to immediately address any issues that might come up because of this temporary arrangement.
MOTION: Selectman Mooers moved to accept the offer of assistance in principle and directed Town Manager, Selectman Bonville, and Tax Collector Nolan to draft a letter of understanding based on MMA Attorney Flewelling's e-mail response to Town Manager, with any difficulties with the arrangement brought to the BOS's attention immediately. Selectman Smallidge seconded the motion. The vote was 4-0 in favor. Selectman Bonville recused herself.
VI New Business
A. United Church of Christ request to hold annual church summer fair on Seal Harbor village green, Saturday July 26, 2008.
No action was taken on this request. It was noted that the village green is public space.
B. Review and approve timeline/schedule for Finance Director search.
It was noted the search committee will include a member of the Board of Selectmen, Auditor James Wadman, and the Finance Director of Bar Harbor. Selectman Bonville offered to represent the Board of Selectmen. Mr. MacDonald said they would be looking statewide, or even throughout New England to fill the position.
MOTION: Selectman Mooers moved to approve the timeline/schedule noted above, seconded by Selectman Bucklin. The vote was unanimous in favor.
VII General Issues
A. Fire Chief Bender raised the issue of decommissioning the ladder truck. He noted that it did not pass State inspection, and had other problems that will be expensive to repair to make the truck safe to use. He noted that Bar Harbor would offer their ladder truck when needed. There was considerable discussion on the need for such a truck, safety considerations for the fire fighters, the usual life of such equipment and the age of this particular truck, the money spent on repairs in recent years, the need to eventually replace it, and the difficulty of relying on another town for use of their truck. Current estimates for a new truck are $640,000. In January 2009 new standards will go in place that might increase the price by 8-12%. It was noted that the Fire Volunteers Association has raised some money
specifically for a ladder truck. It was noted how much has been set aside for a truck, and the length of time to order a new truck, 9-12 months.
There was some discussion about the use of the Capital Improvement Reserve Fund, noting the Board of Selectmen has authority to expend it, but that it has already been reduced last year. The Board of Selectmen arrived at consensus to move forward when the funds have been raised.
MOTION: Selectman Smallidge moved to authorize spending up to $5,000 to get it inspected and back in use for now, seconded by Selectman Bonville. The vote was unanimous in favor.
VIII Other Business
A. Descendants of Smith family who donated the boat launch and swimming property at Long Pond inquired what the Town was planning on doing to recognize the donation. Discussion of an inscribed bench or bronze/brass plaque inserted in a large boulder on site with the names of both their grandfather and grandmother. BOS will consider at a future meeting.
B. Request of a trash bin at the end of Indian Point Road at Bar Harbor/Mount Desert town line. The Town will look into it.
C. There was a discussion of the need for fire permits - the actual pieces of paper - that requires driving many miles to pick it up. The Town will look into other possible solutions.
IX Treasurer's Warrants
A Approve Treasurer's Warrant #73 for $299,337.05
X Executive Session
A None
Adjournment.
MOTION: Selectman Bonville moved to adjourn at 9:30 p.m., seconded by Selectman Mooers. The vote was unanimous in favor.
The next regularly scheduled meeting is Monday, July 7, 2008 at 6:30 P.M. in the Town Office Meeting Room, Northeast Harbor.
Respectfully submitted,
Rick Mooers
Secretary
| 
