Town of Mount Desert
Board of Selectmen
Meeting Minutes
July 21, 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, Assessor Kyle Avila, Public Works Director Tony Smith, Fire Chief Mike Bender, Harbormaster John Lemoine, 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 July 7, 2014 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from July 7, 2014 as amended. The vote was unanimous in favor, 5-0.
IV. Appointments/Recognitions/Resignations
A. Confirm Appointment of Travis Norwood as Northeast Harbor Marina Launch Operator at a Rate of Pay $13/hour
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to confirm the appointment of Travis Norwood as Northeast Harbor Marina Launch Operator at a Rate of Pay $13/hour. The vote was unanimous in favor, 5-0.
B. Recommend Re-Appointment of Paul Richardson as the Town’s Representative to the Acadia National Park Advisory Commission
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to recommend the re-appointment of Paul Richardson as the Town’s Representative to the Acadia National Park Advisory Commission. The vote was unanimous in favor, 5-0.
C. Confirm Appointment of Meredith Randolph to the position of Alternate to the Planning Board.
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to confirm the appointment of Meredith Randolph to the position of Alternate Planning Board member for a term expiring May 1, 2017. 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: Public Works, Wastewater, Fire Department, Financials and Quarterly Trust Reports
B. Maine Municipal Association Risk Management Services Training and Hazard Surveys from June 27, 2014
C. Audit Engagement Letter from James W. Wadman, CPA; Acadia Trust, N.A.’s “Investment Policy Statement”; and Bar Harbor Trust Services’ “Confirmation of Client Meeting and Account”.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to address separately the financials and quarterly reports. The vote was unanimous in favor, 5-0.
Selectman Shubert noted in the Board’s packet there were two documents that asked for an acknowledgement; he suggests an approval is needed since the “buck” stops with the Board. He noted the importance of an RFP for banking services. When looking at the performance of our current investors, it is average, which is actually not bad; however, we are paying $30,000 annually and he thinks we can do better.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to ask Town Manager Lunt to prepare an RFP for banking and investment services. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Hart, the approval of the recommendations for asset allocation and direction to our investments agents at Bar Harbor Trust Services and Acadia Trust. The vote was unanimous, 5-0.
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to accept the remainder of the Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
Selectman Shubert presented the new brochure from the Seal Harbor Village Improvement Society. He felt it important to show the Board and commend the VIS for its efforts.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to commend the Seal Harbor Village Improvement Society on its efforts with the new brochure. The vote was unanimous in favor, 5-0.
VII. Old Business
A. Municipal Quitclaim Deed as Approved at May 6, 2014 Annual Town Meeting
Assessor Kyle Avila presented a new sketch of the plot (Map 24 Lot 97) explaining that the potential buyers have requested a change in the property lines as shown in green on the new sketch. The proposed change stays within the 1575 square feet approved at the May 5 – 6, 2014 Annual Town Meeting; however it encompasses more of the parking area. A new deed would have to be written. The deed that was prepared and enclosed in the Board packets satisfies the criteria from Town Meeting vote conveying 1575 square feet to the Estate of Mary Stanley (shown in orange on the sketch). The Warrant Article did not contain a formal description of the boundaries.
Selectman Shubert asked which configuration the appraisal was based on and Assessor Avila replied the appraisal was based on 1575 square feet as shown on the sketch presented as an appendix to the Warrant Article; however, there was no formal survey.
Selectman Richardson said the new sketch (orange lines) is not what the Board talked about and not what the owners presented; he does not like the change.
Katrina Carter, real estate agent, explained the square footage remains at 1575; the Warrant Article did not define the boundaries. The sale could hinge on the revised lines; if the sale does not happen, then this land would not be added to the tax rolls.
Selectman Shubert suggested this change is taking advantage of the Town; he supports the original green lines. Selectman Dudman said she was never in favor of giving up the land and doesn’t like the shape of the lot; it may benefit the buyer but does not benefit the Town.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to reconfigure the boundary lines of the proposed land conveyance to fit the green lines as shown in current handout. The vote failed 0-5 with all opposed.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to approve and sign the deed as presented with the boundary lines shown in orange in the current handout (see Appendix A). The vote was unanimous in favor, 5-0.
B. Revision of Police Chief Sharing Agreement
Town Manger Lunt described the recent events leading up to the current agreement which was passed unanimously last week by the Bar Harbor Town Council. If this Board votes in favor, a future meeting will be held with this full Board and the Bar Harbor Council on August 27 at the Somesville Fire Station. Members of the Maine Chiefs Association will be present to talk about such things as job sharing, consolidations, etc. then a decision can be made how to proceed after December 2014.
Selectman Shubert said he would like to know what process is being used to understand how this job sharing is working for our town and police force. Selectman Dudman agreed. Town Manger Lunt said he had good discussion with Chief Willis today; he is pleased with the way things are going in Bar Harbor with the Interim Town Manager and the agreement. Town Manger Lunt cautioned the Board that this is not about Chief Willis, it’s about the concept. Nor is it about cost savings. The Towns need to decide if this will benefit the towns overall, and help to make a better, safer island with consistent police departments. Although we are a long ways from making a decision, we can decide if this a direction we want to pursue. Chairman Macauley agreed it makes sense to
explore these opportunities. Selectman Richardson noted Chief Willis has brought Bar Harbor up to speed with processes and procedures; and while it may not be about Chief Willis, he is not sure he wants that job. Selectman Hart wondered as far as the Town is concerned, since this agreement has been in place, how has it worked out with the supervision of our police department. Town Manger Lunt said the Bar Harbor department is developing similar to here which allows the Chief flexibility of not having to be on premises at all times. The Chief has a good handle on the situation.
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to authorize Chairman Macauley and Town Manager Lunt to sign and enter into the Town of Bar Harbor Police Chief Sharing Agreement as presented. The vote was unanimous in favor, 5-0.
VIII. New Business
A. Discussion of Municipal Enterprises
Town Manager Lunt referred to the Memo provided by Treasurer Mahar at the request of Chairman Macauley from questions he received about what the marina is doing, what an enterprise is, what the income is, and what is coming back to the Town. Selectman Richardson noted they are on their own and stand-alone from the municipal budget. We had to do the bonding for the major project; however, they are paying for it. They can’t stand alone in that manner. They are building reserves and are profitable.
Town Manger Lunt said he looks at actual costs and receives estimates from Department Heads of costs of services. The enterprise is run on business principles. Selectman Richardson said prior to the development of the enterprise, all monies came to the general fund and the budget funded the reserves. Town Manger Lunt noted the importance of building up the reserves for future work that will be needed; on the Northeast Harbor pier, for instance. Selectman Dudman asked if he sees a time in the future that we might look at how the town is compensated and Town Manager Lunt said that is possible, be he would hope it would be a reasonable compensation. Selectman Shubert questioned that once the money is in the marina fund, the town can’t pull it out for its own purposes.
He wondered if we have had a direct declaration by an accountant or attorney that we cannot, for example, do a capital transfer out of the marina fund at some point just because we want to. Treasurer Mahar referred to the General Accounting Standards Board (GASB) which defines an enterprise fund as based on costs and revenues. The Town would have to establish costs for the marinas from the town. She does not believe the Town can do a capital transfer. We would have to establish some given defendable costs for all the marinas to generate a transfer. Selectman Shubert asked to leave the topic open to be determined; we just need to know the rules. Selectman Richardson does not foresee a giant nest egg being developed. There is much work to be done in all the harbors during the next several years. Chairman Macauley used as an example big cities that buy convention centers and run them as a municipal enterprise with the revenue
stream for the municipal budget. Treasurer Mahar suggested the current formula may need to be adjusted from arbitrary percentages.
B. Discussion of Dead Trees on Sargeant Drive
Chairman Macauley noted there are at least a dozen dead trees directly along Sargeant Drive and at least a 1,000 on the mountainside, which is Park property. Public Works Director Smith said he has talked with Tom Savage, licensed arborist, from Savage Forest Enterprise; he will cut along Sargeant Drive as he has time. Selectman Richardson noted if there is a bug infestation on the hillside there are many issues to be addressed. Along the roadside cutting should not be an issue.
C. Maine Municipal Association Annual Election of Executive Committee Members
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize Town Manager to research and vote on behalf of Board. 5-0.
D. Authorize Release of Reserve Funds for In-Cruiser Video Camera Equipment.
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to authorize the expenditure of $4,720 from Police Equipment Reserve Account #404100-24405 for the purchase of two WatchGuard video units as described in the Maine Bureau of Highway Safety’s letter. The vote was unanimous in favor, 5-0.
E. Award Town Office Renovation (Police Department) and Sprinkler Improvements Project.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to award the Town Office/Police Department renovation and sprinkler improvements project to Dunbar & Brawn for the bid price of $160,777 and to expend the funds from Construction Account Town Office Renovation (Police Department) #3000011-57710, Town Office Sprinkler System #3000012-57710; and Town Office Building Reserve Account #4050100-24570; and to authorize Public Works Director Smith to sign the contracts. The vote was unanimous in favor, 5-0.
F. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #AP1505 in the amount of $665,422.36
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants #PR1502, #PR1503, #AP1503 and #AP1504 in the amount of $53,239.17, $51,864.69, $14,340.73 and $3,502.43 respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) #2 in the amount of $113,564.09
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $901,933.77. The vote was unanimous in favor, 5-0.
X. Executive Session
A. None
XI. Adjournment
MOTION: At 7:27 p.m., Selectman Shubert moved, seconded by Selectman Richardson, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
Matthew J. Hart,
Secretary
Appendix A
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