Town of Mount Desert
Board of Selectmen
Meeting Minutes
August 18, 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, 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)
None
III. Minutes
A. Approval of minutes from August 4, 2014 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from the August 4, 2014 meeting. The vote was unanimous in favor, 5-0.
IV. Appointments/Recognitions/Resignations
None
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: Wastewater Treatment Plants, Fire
B. Shellfish Committee Minutes June 17 & August 6, 2014
C. Planning Board Minutes June 25 & July 9, 2014
C. Thank you from Northeast Harbor Library
D. Thank you from Otter Creek Aid Society
E. Thank you from LifeFlight Foundation
F. Thank you from Bar Harbor Food Pantry
G. Federal Emergency Management Agency FIRM Update
F. Hancock County Commissioners Caucus Warrant
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to accept the Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
Public Works Director Smith gave a sign update at the request of Selectman Dudman. He described having the signs up on Route 198 as a major coup. There is a snag with DOT on some of the signs; the “I” and “P” do not conform to DOT standards; he is working on getting that corrected. Overall, they are about two thirds done. When asked about the old signs, Town Manager Lunt suggested the removal of old signs might be addressed by the Traffic Committee once all is done.
VII. Old Business
A. Otter Creek Fire Pond Update
From a prior Board request, Fire Chief Bender summarized the Otter Creek Fire Pond project in his memo dated August 13, 2014. During his research, which began with the Board’s request in 2012 that he evaluate the condition of the fire pond, he discovered that although the Board agreed to perform the survey portion of the agreement in an amount not to exceed $4900, there was no mention of approval for the $17,900 balance of the project as he requested. After approval of the requested reserve account funds for this project at the annual town meeting, he neglected to return to the Board for authorization to move ahead with the project utilizing the service of Hedefine Engineering. He suggested the Board might want to address this oversight at this meeting. Chief Bender referred to
the six points in his memo beginning with the DEP’s decision that the dredging could not be done by “permit by Rule”, and that core samples would need to be drawn to reveal the bottom material. Hedefine Engineering conducted a survey of the pond to establish the present volume of usable water for fire suppression, which also determined how much dredging was needed. Core sampling was completed and it was determined that any muck removed was not hazardous material. Easement agreements were created, signed by abutters, and approved at annual town meeting. DOT and DIFW were contacted regarding permits. DOT will require a permit and DIFW restricted any construction work to be limited from July 15th to October 1st. The MDEP permit is good for two years. He and Mr. Hedefine are working on obtaining a written statement that the core samples that were drawn and tested would be acceptable this time next year. They
estimated the costs for the actual construction portion of the project to be $97,000 to dredge. Chief Bender recommended having Hedefine Engineering and Design continue the work and monitor construction progress if the decision is made to move forward.
Eero Hedefine was present and referred to his Project Status Report dated August 14, 2014 which contained even more detail than Chief Bender’s memo.
Selectman Shubert stated he sees the issue as a question of use of a vendor without using the bid process, and he thinks the invoices do not provide auditable detail. He asked if any policies were compromised regarding controls in spending, and Town Manager Lunt replied no, although perhaps some procedures could be tightened. Selectman Shubert said he is more interested in fair pricing from a bid process and meaningful invoices that allow an auditable process. Public Works Director Smith mentioned his positive history, personal knowledge and excellent experience with Mr. Hedefine and his company and commented that you get what you pay for.
Board requested Town Manager Lunt to find out if further authorization is needed.
A. Seal Harbor Parking Issue
Selectman Shubert said the crux is when is a sidewalk not a sidewalk; and when can a parked car prohibit the pedestrian way. He has had calls from constituents concerned about access to the post office because of where cars are parked. The issue began when the former variety store was re-opened as a retail store and people started parking in the area used as a sidewalk leading to the post office.
Police Chief Willis noted his department increases its patrol and works hard to keep the flow going, using seasonal discretion. Several years ago there were faint painted lines in front of the store which could be done again. When the business was closed, the parking area was used for people to park while they went to post office. Currently, there is not enough room in front of the store to act as a parking lot. He reminded the Board that Main Street in Seal Harbor is a State road and we need to be careful how we approach a solution.
Anne Funderburk wondered if the Town owned space above the store could be designated for over-flow parking. Police Chief Willis said that would be creating a parking lot and is a big project.
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to direct Public Works Director Smith to paint white lines on the gap in the sidewalk on Main Street, Seal Harbor, from the Post Office north. The vote was unanimous, 5-0.
B. Route 3 Trench Repairs
Public Works Director Smith summarized the issue as rough trench repair made by DOT after completion of culvert work on Route 198 earlier this year. The first location is near Peddars Corner and the second is in the gully below the Butler Road. He has drafted a letter to DOT outlining the issues with suggested remedies and is requesting Board approval with Chairman Macauley signing the letter.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize the signing and sending of the letter to DOT as presented. The vote was unanimous in favor, 5-0.
C. Northeast Harbor Marina Power Pedestal Replacement
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to authorize the expenditure of up to $2,750 from CIP Account 4010200-24680 for the replacement of a Hypower Marine Pedestal. The vote was unanimous in favor, 5-0.
D. Christmas Holiday Office Closure
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to accept the proposal to give administration employees permission to use vacation time for the closure of the office for a half day on December 24 and a full day on December 26, 2014. The vote was unanimous in favor, 5-0.
E. Such other business as may be legally conducted
Selectman Dudman asked about the picnic tables on the Northeast Harbor village green and Public Works Director Smith assured they would be in place without delay. She also asked about the removal of the old public phone booth pedestals and Harbormaster Lemoine said he has addressed the issue.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrants AP1511& AP1512 in the amount of $590,861.25 & $186,002.87, respectively
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants PR1506, PRM1506, PR1507, AP1509, & AP1510 in the amounts of $52,543.38, $211.32, $53,285.94, $10,343.30, & $70,799.25, respectively
C. Acknowledge Treasurer’s School Board /Payroll Warrant 4 in the amount of $46,090.15
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $1,010,137.46. The vote was unanimous in favor, 5-0.
X. Executive Session
None
XI. Adjournment
MOTION: At 7:10 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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