Town of Mount Desert
Board of Selectmen
Meeting Minutes
July 7, 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, Fire Chief Mike Bender, Public Works Director Tony Smith, 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 order at 6:30 p.m.
II. Public Hearing(s)
A. None
III. Minutes
A. Approval of Minutes from June 16, 2014 Meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to approve the minutes from June 16, 2014 meeting. The vote was in favor, 4-0-1; Selectman Richardson abstained due to his absence from that meeting.
IV. Appointments/Recognitions/Resignations
A. Confirm Appointments of Leigh Guildford and Shawn Murphy as Shellfish Wardens
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to confirm the appointments of Leigh Guildford and Shawn Murphy as Shellfish Wardens for a term ending May 31, 2015. The vote was unanimous in favor, 5-0.
MOTION: Selectman Dudman moved, seconded by Selectman Hart to take item IV. B. out of order and address after item VIII C. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Richardson, to take VIII. C. out of order. The vote was unanimous in favor, 5-0.
VIII. New Business
C. Town Paving Contract Award
Referring to Public Works Director Smith’s memo dated July 2, 2014:
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to award the FY 2015 paving contract to B&B Paving at the bid price of $265,532.37, and to authorize Public Works Direct to sign the contract. The vote was unanimous in favor, 4-0-1; Selectman Shubert abstained due to potential conflict.
IV. Appointments/Recognitions/Resignations, continued
B. Confirm Appointment of Kenneth Poors as On-Site Paving Inspector for FY 2015 at an Hourly Rate of $30
Referring to Public Works Director Smith’s memo dated July 2, 2014:
MOTION: Selectman Dudman moved, seconded by Selectman Richardson, to confirm the appointment of Kenneth Poors as On-Site Paving Inspector for FY 2015 at an hourly rate of $30. The vote was unanimous in favor, 5-0.
C. Recognize Charles F Croan III for his Efforts with the Confined Space Entry and Rescue Training 2013 Scholarship Grant in the Amount of $2,000
MOTION: Selectman Shubert moved, seconded by Selectman Richardson, to recognize Charles F Croan III for his efforts with the Confined Space Entry and Rescue Training 2013 Scholarship Grant in the Amount of $2,000. The vote was unanimous in favor, 5-0.
D. Harbormaster Lemoine referred to his memo dated July 7 and explained the immediate need for a launch operator while the person previously hired awaits his credentials. He also mentioned that he had to let go another employee today.
MOTION: Selectman Hart moved, seconded by Selectman Dudman to appoint Travis Norwood as temporary launch operator at an hourly rate of $13.
Discussion: Selectman Richardson questioned the legality of making an appointment that has not been posted on the meeting agenda. Board directed Town Manager Lunt to research the issue.
Selectman Hart withdrew his motion and Selectman Dudman withdrew her second. It was noted the Town Manager is able to make temporary hires.
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, Harbor
B. Planning Board Minutes March 12 and June 11, 2014
C. Hancock County Commissioners Minutes June 20, 2014
D. Federal Payment in Lieu of Taxes to Hancock County $26,867
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 Richardson said he had been approached by a citizen with concerns about the new dock in Seal Harbor; there are no corner blocks or chocks for tying off. Harbormaster Lemoine explained due to the construction the end cannot be drilled to install cleats. The end is the same set up at the Northeast Harbor Marina which works fine.
VII. Old Business
A. Wayfinding Signs: Progress Update and Installation Funding
Town Manager Lunt gave an overview beginning in 2011 with the first redevelopment efforts: Zero set backs were granted on Main Street to allow rebuilding after the fires. In 2012 the Board of Selectmen approved the Village (Marina) Green Special Event Policy to allow for-profit activities to take place. In 2012 we sponsored a study by the Urban Land Institute for economic revitalization. Also, in 2012 as a result of the Green Policy the Farmers Market set up once a week for the summer. In the summer of 2013 the Farmers Market returned and the Harbor Fest, another for-profit event, took place in August. This year we have the Farmers Market and Harbor Fest along with several Town sponsored activities: movies on the green, an auto show in August, and the tall ship
Lynx coming to the Marina. A nice mix of for profit and Town sponsored events. In 2013 an Economic Development Consultant, through Town Meeting vote and support of the Summer Residents Association (SRA), was hired and continued in 2014. Through a Special Town Meeting vote in February 2014 the Land Use Zoning Ordinance was changed to allow more signage, and to accept donations to purchase move equipment. And on May 19, 2014 the Board voted to supplement the movie funds. The other issue is the Wayfinding signs; Phase I are directional signs and Phase II are business informational signs meant to guide people around the business community. Normally a business group, such as the Chamber of Commerce, would come to the Town and request to put up signs on Town property or rights of way and then the Town would monitor for compliance and provide inspections services. In this case the Town is being asked to provide funding for fabrication and
construction/ installation of the signs. Some are very large and will require Dig Safe. The installation costs nearly equal the cost of fabrication and funds were not allocated for installation. The Board is being asked to assume the responsibility to actually install the signs and address the funding shortfalls.
Another issue for the future involves long range planning to decide what type of effort and role Town government will play in similar activities.
Chairman Macauley said evidently he misunderstood intent; he thought the signs would be in place sooner. Selectman Richardson asked if the signs are built and Public Works Director Smith said yes. He also clarified that Public Works Director Smith is asking for $25,000 from his budget to put the signs in place. Again Public Works Director Smith replied yes; he hopes to have two signs installed by the end of this week, and to negotiate with a local contractor to install the remaining for a cost not to exceed $25,000.
Resident Jean Bonville thanked Public Works Director Smith for telling her that signs would be placed on her property. Although she does not object to signs in general, she does objects to the size of the sign (9feet high) proposed for her property. She thinks there needs to be a review of the signs: what they contain and where they are placed.
Resident and business owner Katrina Carter stated she was not visited by anyone from the Town nor told that a sign was being placed on her property. She further stated she was very annoyed and perplexed and made it very clear to the man who put the little white flag markers in middle of her yard on Main Street. She has a serious problem with the way it was presented to her. She no longer embraces the signs and feels the town is already littered with signs. She does not understand why she wasn’t approached; why no one had the decency or courtesy to ask her thoughts or if she minded.
Public Works Director Smith referred to his memo dated July 2, 2014 in which he addressed the lack of communication during the project and explained his efforts to contact people. In response to Chairman Macaulay’s query as to how make it better, he replied that two signs should be installed this week; then property owners need to be contacted with sketches and asked what they think. He went on to explain the lack of coordination between all parties, including property owners.
Selectman Shubert proposed a motion based on the assumption that there are a certain number of noncontroversial signs.
MOTION: Selectman Shubert moved to authorize Public Works Director Smith to spend funds as proposed to install the proposed signs. [for lack of a second the motion died]
Selectman Richardson asked Public Works Director Smith if there are any noncontroversial signs and he replied yes. He also restated from his Memo the many problems surrounding the project, such as several signs do not conform with DOT regulations on many levels and need to be redesigned, locations of signs need to be reconsidered, and the difficulty of finding a contractor to install the signs.
Summer resident Peter Godfrey said even though he has been coming here for 87 years, he is from “away” and from what he has heard, he is reminded of “having lost sight of our objectives, we have redoubled our efforts”. It seems to him a little late in the day for this conversation. The project has been underway for over a year and here we are in July and no signs. The simple fundamental objective is to get signs in place to help revitalize the Town. This gives a bad image to the town and its ability to implement good proposals when they come forth.
Public Works Director Smith responded with time-line facts from his Memo and suggested that all the delays were not from lack of trying.
Selectman Dudman asked Economic Development Consultant Jackie Hewett to speak to the issue. Ms. Hewett restated the premise of Phase I and II and suggested many of the problems described by Public Works Director Smith as being related to Phase I. Phase II signs have been paid for privately by the SRA merchant donations. She suggested the problem is getting the posts in the ground. The signs are done and paid for.
After further discussion in which all agreed we need to move forward as quickly as possible while complying with local and State regulations, and keeping the property owners informed:
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize Public Works Director Smith to proceed with the installation of the signs in which in his judgment are ready, and to expend up to $25,000 from Public Works Reserve Account 4050100-24573. The vote was unanimous in favor, 5-0.
B. Events Committee: Movie Equipment Funding
Town Manager Lunt explained that although another $500 donation was received today from Machias Savings Bank, there is still a gap in the amount needed. The construction of the Warrant Article approved in February 2014 puts the licenses under capital equipment therefore we are not easily able to move the money. Town Manager Lunt asked Treasurer Mahar what the options are and she replied we cannot legally move the money out of that budget line into donations. Possible solutions are to raise more money through donations or designate money from the Board’s Contingency Fund as done in the past. She further stated the wording of the Warrant Article is not coordinated with the budget.
The donations are short about $1100. Selectman Richardson clarified that the only way to spend the money designated in the Warrant Article would be to go back to the voters. Jackie Hewitt spoke to the ongoing costs (year to year) and why the Warrant Article was written the way it was. Money will be needed, for things such as licensing, in future years. The original $5000 requested for the Event Committee was to create and promote events, including advertising.
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to spend up to $2,000 from the Board of Selectmen Contingency Account 122000159350 to pay for movie licensing fees for summer 2014.
Treasurer Mahar suggested going forward, when warrant articles are being put together that town admin staff review to avoid problems such as this. Selectman Richardson stated we have often used attorneys to review warrant articles.
Discussion led to the conclusion that typically these kinds of efforts are directed by Chambers of Commerce or similar groups. Selectman Richardson reiterated his belief that our town is not prepared to be in the marketing business.
VOTE: The vote was unanimous in favor, 5-0.
VIII. New Business
A. Village Green Special Event Application from Mount Desert Island Farmers Market
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to approve the Village Green Special Event Application from Mount Desert Island Farmers Market.
DISCUSSION: Referencing economic development, Selectman Shubert asked if sales tax numbers for this zip code could be obtained to track the economic effect of this event. Town Manager Lunt will research.
VOTE: The vote was unanimous in favor, 5-0.
B. Reserve Account Consolidation, Dispatch Division
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to transfer total balance of $71,002.48 from Dispatch Radio Reserve Account 4040800-24472 to Dispatch Capital Reserve Account 4040800-24406 and to eliminate Dispatch Radio Reserve Account 4040800-24472. The vote was unanimous in favor, 5-0.
D. Harbor Patrol Boat Motor Issues
Harbormaster Lemoine restated his request from his Memo dated July 2, 2014; his preference is to replace the motor and hydraulic steering cylinder.
Selectman Richardson questioned the Board’s authority to override the Purchasing Policy. Town Manager Lunt is to research.
Selectman Shubert clarified that all other possibilities were pursued, such as finding another boat to use, and assuring this purchase is the most cost effective.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize Harbormaster Lemoine to replace the motor and hydraulic steering cylinder of the patrol motor boat for a net amount of $20,575 from Marina Account 20-24120-86. The vote was unanimous in favor, 5-0.
E. Junior Firefighter Program at Camp Beech Cliff Authorization
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to authorize the Fire Chief to sign a Hold Harmless and Release Agreement with Camp Beech Cliff to allow firefighters from the Mount Desert Fire Department to participate in the 2014 Junior Firefighter Academy. The vote was unanimous in favor, 5-0.
F. Otter Creek Fire Pond Engineering Costs Authorization
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to authorize to release $3,666.80 from Otter Creek Fire Pond Account 4040300-24474 payable to Hedefine engineering & Design, Inc. for Project Engineering on the Otter Creek Fire Pond through June 2014. The vote was unanimous in favor, 5-0.
G. OneHancock Request for Letter of Intent
Town Manager Lunt explained there are funds available to assist low-income people in Hancock County with hearing or power costs; the suggested Letter of Intent would allow OneHancock to grant $500 to the Town of Mount Desert’s managed heat/power fund or its chosen alternative. Town Manager Lunt suggested there are options to accept the funds through General Assistance or the Campfire Coalition Fund
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to accept $500 to donate to Campfire Coalition Fund run by Maine Seacoast Mission. The vote was unanimous in favor, 5-0.
H. MMA Legislative Policy Committee Election Ballots
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to cast a vote for Gary Fortier. The vote was unanimous in favor, 5-0.
I. Such other business as may be legally conducted
Selectman Dudman asked for clarification, for Jackie Hewitt’s sake, what the Events Committee can do with the dollars allotted. She directed her question to Town Manager Lunt and Treasurer Mahar. Treasurer Mahar stated she did not know of an outline of what the money can be used for; there is the caveat of what it cannot be used for due to the Warrant Article. Selectman Dudman went on to praise the Event Committee, Jackie Hewitt, and the work they have done. It’s challenging; however she believes some good will come out of it and will most likely take a few years to accomplish. She also noted this is a wonderful leap of faith that the town is doing something and it is important for the Board be positive. Selectman Richardson still questions that the Town has the
wherewithal to market itself; and thinks it needs to get out of the town office. Selectman Dudman said there is a difference of opinion; many towns do have economic development consultants/committees and it will take time to implement. Selectman Shubert agrees our town government is not set up for the task and we should help finance someone else in town to do it. Selectman Hart agrees with Selectman Dudman and sees town funding diminishing over the years; however, currently town involvement is critical. Everyone needs to be involved to get the ball rolling. Town Manager Lunt said he appreciates this discussion and looks forward to more in the next few months. The Board needs to figure out how to parcel this out, whether by monetary grants for some organization to handle or is town administration going to handle events. Good discussions for looking forward.
MOTION: Selectman Richardson moved, seconded by Selectman Dudman to authorized Public Works Director to use the balance of the FY 2015 Paving funds as described in his July 2, 2014 Memo [by public works for its own projects; to account for any increase in amount of pavement used by the contractor should it exceed the bid quantities due to existing condition of road surfaces; to account for any increases in liquid asphalt based on the escalator clause in bid documents; and for additional work to be added to the contract that might include reclaiming and base pavement constriction on a section of Beech Hill Road, construction of variable thickness overlay on Walls Street, reclamation and constructions of a base layer of pavement on a portion of Steamboat Wharf road, and others yet to be
identified.] The vote was unanimous in favor, 5-0.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant 1502 in the amount of $407,454.85
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants 1455, 1456, 1501, 1476, 1477 & 1501 in the amount of $45,067.17, $56,595.34, $65,826.21, $7,547.56, $79,381.52, & $8,483.96, respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 13, 26, & 1 in the amount of $23,464.23, $152,301.41,& $61,910.92, respectively
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $908,033.17. The vote was unanimous in favor, 5-0.
X. Executive Session
A. None
XI. Adjournment
MOTION: At 7:56 p.m., Selectman Richardson moved, seconded by Selectman Hart, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
Matthew J. Hart
Secretary
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