Town of Mount Desert
Board of Selectmen
Meeting Minutes
May 19, 2014
A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.
Those present included: Chairman John Macauley; Selectmen Martha Dudman, Matt Hart, Tom Richardson and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Police Chief Jim Willis, Lieutenant Kevin Edgecomb, Harbormaster John Lemoine, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I. Call to order at 6:30 p.m.
Chairman Macauley called the meeting to order at 6:30 p.m.
II. Public Hearing(s)
A. None
III. Minutes
A. Approval of minutes from the May 6, 2014 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from the May 6, 2014 meeting. The vote was unanimous in favor, 5-0.
B. Approval of minutes from the May 12, 2014 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from the May 12, 2014 meeting. The vote was unanimous in favor, 5-0.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to take VII Old Business B, VIII New Business B & C, and VII Old Business A out of order. The vote was unanimous in favor, 5-0.
VII. Old Business
B. Completion of Movie Equipment Purchase
Town Manager Lunt explained the intent of his memo dated May 13, 2014 and the options therein for the $3,800 needed: wait for funding from donations, re-vote the prior authorization of $5,000 for promotional purposes to include use of those funds for purchasing movie equipment, or authorize an additional expenditure from the Board’s contingency. Selectman Richardson asked why the Events Committee is returning to the Board for more money. Town Manager Lunt explained one of the choices simply expands the use of current allocated money.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to use $3,800 from the Board’s Contingency Fund to supplement the donated $8,000 for a total of $11,800 to purchase movie equipment.
Treasurer Mahar stated the amount needed is actually $4,575. Selectman Dudman amended her motion to use $4,575 from the Board’s Contingency Fund for total of $12,575. Selectman Shubert seconded.
DISCUSSION: Selectman Shubert asked if this request stems from the timing of donations and he was told yes. Treasurer Mahar referred to the Warrant article approved at the February 24, 2014 Special Town Meeting which authorized the Board to accept up to $20,000 for the purchase of movie equipment and reminded the Board to be careful how money is accepted, referring to the purpose as stated in the Warrant article. She also mentioned the probable need for funding as the project moves forward. With Treasurer’s Warrants approved only twice a month, spending might be difficult. She suggested a different type of administration of funds outside the Town Office might be a better way. Town Manager Lunt agreed stating if the Neighborhood House, for example, was
administrating the project, checks could be written quicker. Kay Graves, member of the Event Committee, asked if money is needed and someone fronted it, then could the Town be billed; the reply was no, based on the language of the approved Warrant article. Perhaps another year another Warrant article could be presented with a broader purpose. Selectman Dudman said this is not a lot of money, the volunteers have put in a lot of time, this year let’s get it done. Chairman Macauley suggested the less restrictions the better.
VOTE: The vote was unanimous in favor, 5-0.
VIII. New Business
B. Event Committee/ Movie Nights Village Green Special Event Application
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve the Event Committee/ Movie Nights Village Green Special Event Application to show outdoor movies Thursday evenings July and August 2014. The vote was unanimous in favor, 5-0.
C. Event Committee/Antique Cars Village Green Special Event Application
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the Event Committee Village Green Special Event Application to host an antique car event August 14, 2014. The vote was unanimous in favor, 5-0.
VII. Old Business, continued
A. Completion of Bar Harbor Mutual Aid Agreement
Town Manager Lunt introduced Ruth Eveland and Paul Paradis, members of the Bar Harbor Council, and described the agreement as a temporary one started in November 2013 to assist with Police administrative issues. It has run its course. The next step is to come up with a cost sharing arrangement between the Towns to see if we want to pursue the agreement on a longer term. Different cost sharing is necessary, as is a more formalized process of how the Chief would share his expertise. Although we are not yet ready to, there is the idea of a permanent consolidation of the two Police Departments.
Selectman Shubert said he is in favor of a long term arrangement to share the Police Chief; it makes economic sense. Our Police Department has a lot of depth for a small department. Ruth Eveland, Chair of the Bar Harbor Council, noted Bar Harbor is in transition and in the process of engaging an interim Town Manager; it will be 4-5 months until a new Town Manager is hired. The Council is in favor of an on-going formal arrangement. She commented that this has worked very well and is a sound arrangement for both Towns. She is in hopes there is some way to continue to allow them to get through the next few months. Paul Paradis thanked the Chief and Board for helping out. He reiterated Bar Harbor still needs help, needs to look beyond the current period, and needs to
look at structuring the shared Police Chief. He believes there is no better man than Chief Willis to make it work. He suggested that Bar Harbor Council form a subcommittee to work with Mount Desert to work out the details.
Town Manager Lunt asked the Board to disregard his Memo and hear what Chief Willis has to say before proceeding. Chief Willis thanked all for their kind comments. The current agreement has gone well beyond its use and needs to be finished. He is willing to work with everyone; however there is a need for more structure beyond day to day. In thinking about the future, the concept of a 20 person police department is not a big deal; although the environments and operations are very different. Changes in both departments would be necessary to make it work. He sees it as a community decision; people in both communities need to buy in, to talk about it, and work through it. Questions should include what happens if he goes away: One chief or two? How to structure
two very different departments while going into the busy summer season?
Selectman Richardson acknowledged that Chief Willis has outlined some big questions. Answers from the communities will take time and he is not sure it can happen. He’s unsure how we can ask the people on the street and get the needed answers. He agreed Chief Willis has been on his own and needs more guidance. Town Manager Lunt and Chief Willis need to sit down and talk before we proceed.
Chairman Macauley agreed. He said we also need to look at the monetary aspect; the Chief is spending about 65% of his time in Bar Harbor. He appreciates Bar Harbor needs answers now about this summer.
Ms. Eveland and Mr. Paradis agreed they would like to find a way to move forward and have the arrangement continue at least until the Interim Town Manager is able to work on a solution; it will be one of his top goals.
Selectman Richardson asked if the former Chief wins his lawsuit, does he get his job back. Mr. Paradis said he has been told that is not an option; nor does he see it as a possibility. Chairman Macauley stated both short term and long term agreements are needed. Selectman Dudman said she is uncomfortable with a permanent agreement now with the busy summer upon us. She would be more comfortable with a temporary agreement and a provision to look beyond if it works. Town Manager Lunt agreed. Selectman Hart agrees we entered the current agreement in good faith, it is fair to continue helping, but we need input from Chief Willis to ensure equity for all.
Town Manager Lunt reminded all the current agreement ends June 13th. Mr. Paradis agreed this agreement has a lot of problems that have been discovered along the way. We need a better short term agreement; however, he asks that the current one be extended just until a better one can be formed. It was agreed to have Town Manager Lunt, Chief Willis, and someone from Bar Harbor work together to come up with a new short term agreement for approval by the Board and Council. Chief Willis asked that the current agreement be extended until June 20 to give them time enough.
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to continue with the current agreement until June 20, 2014, and at such time revisit the agreement and possibly entertain another agreement. The vote was unanimous in favor, 5-0.
Board thanked Ms. Eveland, Mr. Paradis, and Chief Willis.
IV. Appointments/Recognitions/Resignations
A. Annual Employee Appointments
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to confirm the Annual Employee Appointments as presented. The vote was unanimous in favor, 5-0.
B. Annual Board and Committee Appointments
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to confirm the Annual Board and Committee Appointments as presented. The vote was unanimous in favor, 5-0.
C. Authorize May 20, 2014 as new Start Date for Nathan Smallidge as Packer Truck Summer Help
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to authorize May 20, 2014 as the new start date for Nathan Smallidge as Packer Truck Summer Help. The vote was unanimous in favor, 5-0.
D. Confirm Hiring of Summer Dock Hands: Alyssa Young, Tobias Francis, & Genya Grover @ $12/hr; Sarah Norwood, Kody Croan, Aaron Boucher & Catherine Forthofer @$11/hr; and Boat Launch Operators: Brady Smith @$14/hr & Lance Bishop @ $13/hr, for the 2014 Season
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to confirm the hiring of Summer Dock Hands: Alyssa Young, Tobias Francis, & Genya Grover @ $12/hr; Sarah Norwood, Kody Croan, Aaron Boucher & Catherine Forthofer @$11/hr; and Boat Launch Operators: Brady Smith @$14/hr & Lance Bishop @ $13/hr, for the 2014 Season. The vote was unanimous in favor, 5-0.
E. Confirm Appointment of Joelle D Nolan as Warden for the June 10, 2014 State Primary Election
MOTION: Selectman Shubert moved, seconded by Selectman Richardson , to confirm the appointment of Joelle D Nolan as Warden for the June 10, 2014 State Primary Election. The vote was unanimous in favor, 5-0.
F. Re-appoint Karol Hagberg as Commissioner and Chairwoman of the MDI & Ellsworth Housing Authorities for a Five Year Term June 1, 2014 to June 1, 2019
MOTION: Selectman Dudman moved, seconded by Selectman Richardson, to re-appoint Karol Hagberg as Commissioner and Chairwoman of the MDI & Ellsworth Housing Authorities for a Five Year Term June 1, 2014 to June 1, 2019. The vote was unanimous in favor, 5-0.
G. Representation on Hancock County Planning Commission: Commissioner Appointees
Board discussed services and possible appointees.
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to table the request for representation on the Hancock County Planning Commission until a date uncertain. The vote was unanimous in favor, 5-0.
V. Consent Agenda (These items are considered routine, and therefore, may be passed by the Selectmen in one blanket motion. Board members may remove any item for discussion by requesting such action prior to consideration of that portion of the agenda.)
A. Department Reports: Treasurer/Financials, Public Works, Wastewater Treatment Plants
B. Updated Preliminary Flood Insurance Rate Maps & Study Report for Hancock County
C. Board of Selectmen Meeting Schedule
D. Holiday Schedule
E. Planning Board Meeting Minutes February 26, 2014 and April 9, 2014
F. Event Committee Meeting Minutes April 1, 2014
G. Thank You to Public Works for Road Sign Replacement
H. Norman Beecher Letter re Petite Plaisance
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to accept the Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
Selectman Dudman reported she received comments from a resident who came to Town Meeting and did not know all of the Board members and employees; she suggested introductions would be helpful. And the table set up made it hard to see everyone; perhaps a more centralized set up could be implemented. Also it would be easier to find the appendix items in the Town Report if the Warrant article referred to the page number.
VII. Old Business, continued
C. Request from CEO to Set Quarry License Fee at $700
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to set the Quarrying License Application fee at $700.00. The vote was unanimous in favor, 5-0.
VIII. New Business
A. Elmer Beal Jr & B Allison Martin dba Burning Tree Restaurant Liquor License Renewal Application
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve the Liquor License renewal application for Elmer Beal Jr & B Allison Martin dba Burning Tree Restaurant. The vote was unanimous in favor, 5-0.
D. Public Works Highway Division Work Truck Bids
MOTION: Selectman Shubert moved, seconded by Selectman Richardson, to accept the bid price of $27,271 from Quirk Jeep, Bangor for the purchase of a 2014 Dodge Ram 2500 pickup truck; and to authorize Public Works Director to make the purchase from Public Works Equipment Reserve Account # 4050100-24500. The vote was unanimous in favor, 5-0.
E. Lurvey Wright American Legion Post No. 103 Lease Agreement
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the Lease Agreement between the Town of Mount Desert and the Lurvey Wright American Legion Post No. 103, and to authorize the Town Manager to execute the lease. The vote was unanimous in favor, 5-0.
F. Ticket Booth Operators/Visitor Center Lease Agreement
MOTION: Selectman Shubert moved, seconded by Selectman Richardson, to approve the Lease Agreement between the Town of Mount Desert and the Ticket Booth Operators at the Visitor Center, and to authorize the Town Manager to execute the lease. The vote was unanimous in favor, 5-0.
G. Mount Desert Chamber of Commerce/Visitor Center Lease Agreement
MOTION: Selectman Shubert moved, seconded by Selectman Richardson, to approve the Lease Agreement between the Town of Mount Desert and the Mount Desert Chamber of Commerce at the Visitor Center, and to authorize the Town Manager to execute the lease. The vote was unanimous in favor, 5-0.
H. Neighborhood House Agreement
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the Lease Agreement between the Town of Mount Desert and the Neighborhood House, and to authorize the Town Manager to execute the lease. The vote was unanimous in favor, 4-0-1 hart employee
I. Governmental Administration Mutual Aid Agreement
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve and sign the Governmental Administration Mutual Aid Agreement as presented. The vote was unanimous in favor, 5-0.
J. Authorize Release of $765 from Otter Creek Fire Pond Account #4040300-24474 for Payment of Hedefine Engineering & Design Inc for April 2014 Project Engineer Work
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to authorize the release of $765 from Otter Creek Fire Pond Account #4040300-24474 for payment of Hedefine Engineering & Design Inc for April 2014 Project Engineer Work. The vote was unanimous in favor, 5-0.
K. Authorize Release of $3,099 from Fire Equipment Reserve Account #4040300-24471 for Payment to Ferrara Fire Apparatus for Change Orders for New Pumper
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to authorize the release of $3,099 from Fire Equipment Reserve Account #4040300-24471 for payment to Ferrara Fire Apparatus for Change Orders for New Pumper. The vote was unanimous in favor, 5-0.
L. Authorize Release of $62,247.37 from Fire Equipment Reserve Account #4040300-24471 for Payment to Bar Harbor Bank & Trust for Last Loan Payment on Ladder Truck
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to authorize the release of $62,247.37 from Fire Equipment Reserve Account #4040300-24471 for payment to Bar Harbor Bank & Trust for Last Loan Payment on Ladder Truck. The vote was unanimous in favor, 5-0.
M. Authorize the Sale of Reels, Rewind Motors, and Hoses to Brindlee Mountain Fire Apparatus for $1,000
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to authorize the sale of Reels, Rewind Motors, and Hoses to Brindlee Mountain Fire Apparatus for $1,000. The vote was unanimous in favor, 5-0.
N. Sign Otter Creek Fire Pond Easements as Authorized from May 6, 2014 Annual Town Meeting
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to sign the two Otter Creek Fire Pond Easements (Paul S. Richardson; and Sandra H. Modeen, Terrance F. Holmes, Douglas P. Holmes and Bernadette C. Moulton) as authorized from the May 6, 2014 Annual Town Meeting The vote was unanimous in favor, 5-0.
O. Nominations to Maine Municipal Association’s Legislative Policy Committee
Town Manager Lunt stated he had no recommendations.
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to table Nominations to Maine Municipal Association’s Legislative Policy Committee to a date uncertain . The vote was unanimous in favor, 5-0.
P. UCC of Northeast Harbor & Seal Harbor Request to use Seal Harbor Village Green for Church Fair July 19, 2014
MOTION: Selectman Shubert moved, seconded by Selectman Richardson, UCC of Northeast Harbor & Seal Harbor Request to use Seal Harbor Village Green for Church Fair July 19, 2014. The vote was unanimous in favor, 5-0.
Q. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant 1467 in the amount of $701,905.95
B. Sign Authorized Treasurer’s Payroll, State Fees, & PR Benefit Warrants 1449, 1450, 1465, & 1466 in the amount of $40,210.19, $43,537.95, $6,634.59 & $5,516.27, respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 11 & 23 in the amount of $39,070.12 & $53,590.48
MOTION: Selectman Richardson moved, seconded by Selectman Shubert , to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $890,465.55. The vote was unanimous in favor, 5-0.
XI. Adjournment
MOTION: At 7:45 p.m., Selectman Richardson moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
Matthew J. Hart
Secretary
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