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Selectmen Meeting Minutes - 12/01/14
Town of Mount Desert
Board of Selectmen
Meeting Minutes
December 1, 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, Harbormaster John Lemoine, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.

I.      Call to order at 6:00 p.m.
Chairman Macauley called the meeting to order at 5:50 p.m.

II.     Executive Session
A.      Pursuant to 1 MRSA §405(6) (F) Discussion of Confidential Records, Poverty Abatement Hearing per Tittle 36 MRSA§842

MOTION:  At 5:50 p.m., Selectman Shubert moved, seconded by Selectman Richardson, to enter into Executive Session pursuant to the provisions of 36 MRSA§841(2) to consider a request for an abatement of taxes for reasons of poverty.  The vote was unanimous in favor, 5-0.

MOTION:  At 6:13 p.m., Selectman Richardson moved, seconded by Selectman Dudman, to end the Executive Session.  The vote was unanimous in favor, 5-0.

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, that the abatement request be granted and further that the Board of Selectmen certify to the Tax Collector that an abatement has been granted pursuant to 36 MRSA§841(2) for $1,309.38 including fees and interest with respect to the real estate taxes committed to the Tax Collector for collection June 12, 2012, and this certification is to be given to the Tax Collector in a writing signed by the Town Clerk.  The vote was unanimous in favor, 5-0.

III.    Public Hearing(s)
A.      None

IV.     Minutes
A.      Approval of minutes from November 17, 2014 meeting.

MOTION: Selectman Hart moved, seconded by Selectman Dudman, to approve the minutes as presented from November 17, 2014 meeting.  The vote was unanimous in favor, 5-0.

V.      Appointments/Recognitions/Resignations
A.      Accept Resignation of Stephen Ashley from the Events Committee Effective January 1, 2015

MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to accept with regret the resignation of Stephen Ashley from the Events Committee Effective January 1, 2015.  The vote was unanimous in favor, 5-0.

VI.     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:  Fire
B.      Planning Board Meeting Minutes October 22, 2014
C.      Maine Municipal Association Workers Compensation Fund Annual Membership Report

MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to accept the Consent Agenda as presented.  The vote was unanimous in favor, 5-0.

VII.    Selectmen’s Reports
Selectman Richardson, on behalf of the village of Otter Creek, extended a thank - you to PWD Smith and crew for re-establishing the flag pole receptacles in Otter Creek.

VIII.   Old Business
A.      Economic Development Consultant Ms. Hewett with Cost Information for Full-Time, Part-Time and Contract Position
Ms. Hewett was present and reviewed the cost information figures she compiled.  Selectman Richardson wondered if it is feasible to find a consultant based on these figures.  Ms. Hewett thought not a seasoned professional, but probably someone starting out.  These are reasonable starting salaries for this area.  Selectman Dudman asked if a consultant or an employee would be the better option and Ms. Hewett replied employee because an employee would be here more and represent more of a commitment.  It would be a benefit to someone being in the town office and working with the team of employees.  She thought starting with a part-time employee would be a good idea.

Selectman Hart queried if projects would be initiated in other villages and Ms. Hewett said yes, definitely.  Board members agreed discussion of the position would be included when budget deliberations begin in January.  Selectman Shubert suggested admin help in the town office would be helpful to a consultant.  Town Manager Lunt said there is office space available at the Visitor Center.

Ms. Hewett stated consistent effort is required and needs somebody who is responsible, in addition to volunteers.  Selectman Richardson said he has been skeptical from beginning.  Although he has seen some nice things, he questions that these efforts have made an economic difference to the town and businesses.  The town did well on its own for a long time until the downgrade of year round population and sky high property costs.  Unless we are willing to change to Bar Harbor (tourist town) he can’t see where we are going; nor can he see creating a new full time position and adding another department unless it is sustainable for the entire town.  He doesn’t see that the underlying conditions have changed.  Selectman Dudman suggested we won’t know for a long time what the results are economically from the efforts of the past year.  It takes a while for things to change and the outcome to be realized.  There are rays of light, such as the new building on Main Street.  Chairman Macauley suggested there is no road map for curing what ails this town.  However, he has seen a change in attitude and vision.  

Selectman Shubert said, in regards to the cost of an Economic Development Consultant, he is looking for discipline in examining a proposal and understanding the costs.  Selectman Hart said we may not be able to quantify yet, but there is progress in the businesses.  For instance, Milk & Honey catering is open in December.  Ms. Hewett also mentioned the new building on Main Street as a really good project for the town.  Above the ground floor retail business will be a business incubator.  Broadband could encourage people to stay longer, even move here.  She emphasized that not everything will work; however we need to keep trying.  Businesses need to open earlier and stay open later.  People are coming to town in early May and late October.  Selectman Richardson asked Ms. Hewett if she looks at this scenario differently than when she first started, and she replied, no - no surprises.  She said some of the businesses are doing better than one might think.  She learned not all are struggling; but there is a lack of community.  The town has to integrate into the Island.  It’s a tourist Island.  We need to find a happy medium between what we are and what Bar Harbor is.  She suggested we are not fully exploiting harbor.  It’s a draw; there is more opportunity for businesses, such as food vendors.

MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to take agenda item IX New Business C out of order.  The vote was unanimous in favor, 5-0.

IX.     New Business
C.      Economic Development Consultant Ms. Hewett Discussion of Town Facebook Page
Ms. Hewett would like the Board’s feedback on food vendors at the harbor [Northeast Harbor Marina].  Rick Savage, a member of the Marine Management Committee, has sat in on some of the Economic Development meetings and will relate information to the Marine Management Committee this month.  To allow Food Trucks at any of the town’s harbors would require a zoning change and a new ordinance, which would need voter approval at a town meeting; preferably May 2015.  Selectman Shubert expressed concerns about competing with established businesses.  It was suggested to give them first choice to provide service.  Selectman Dudman said she thinks it is a great idea, and would like to see an ordinance put before the town voters to see if they agree.  Selectman Richardson would like to see it tailored to town businesses and not to outsiders.  Ms. Hewett said there are lots of ways to do that, such as using a fee structure.  It was the general consensus of Board to move forward.

Ms. Hewett next addressed the island wide broadband study being done by Tilson (an information, technology, professional services, and network construction company).  Town Manager Lunt noted the proposal has also been presented to the League of Towns; all managers agreed to take the proposal back to their elected officials and by January 2015 let the League of Towns know who is interested.  Selectman Richardson advised we need to plan on doing the study regardless of who participates - “this town needs to be wired”.

Next, Ms. Hewett presented a proposal for a Town of Mount Desert Facebook page.  Selectman Shubert thought the real problem is the town’s website that is not functioning and wondered if Facebook is an alternative.  Ms. Hewett said the town needs both; Facebook is more for the media savvy and is easily searchable.  Think of it as a community forum.  Facebook allows an informal yet informative manner to get little bits of information out to the public, with control.  She sees it as a marketing tool; some town departments are already using it.

Selectman Richardson expressed concerns about controls which led to a discussion of “likes” and “comments”.  Ms. Hewett thought posting a comment could lead to a “discussion” which would be good for information gathering and feedback.  Selectman Hart said he had looked at Facebook pages from some other towns and all allow “likes” and “comments”, most people don’t comment, but do like.  All had a user policy posted; some specific, some general.  He sees it as a public hearing where comment can be limited to a topic, and not allowing “likes” drastically reduces involvement.  He suggested starting out allowing both, and then tailor the policy as needed.  Selectman Shubert commented that we would be building trust with information and we need those comments from others, good and bad.  Selectman Richardson stated negative comments cause trouble.  Selectman Hart believes Facebook is a powerful tool to reach people with information; he sees it as interacting with our citizens.  He argued for allowing “likes” and “comments”, monitoring closely, and modifying the policy if necessary.  

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to authorize the Economic Development Consultant to move forward with the creation of a Town of Mount Desert Facebook page.  The vote was in favor, 3-2 with Chairman Macauley and Selectman Richardson voting against.

Selectman Shubert stated we need to understand the controls and have a person to administer.  Selectman Richardson said he hoped we were not looking at an additional employee to monitor and administer the page.  Ms. Hewett said the posting only takes seconds, depending on what we want, and thought admin staff could do some of it.  Coastal Computers will act as administrator, updating the page three times a week for up to a year or until we are comfortable on our own.  The cost of $1,200 annually is already budgeted.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to adopt the Facebook Controls as outlined in the Economic Development Consultant’s memo dated 11/18/14, and to have the Economic Development Consultant report back to the Board in six months.

DISCUSSION:  Selectmen Hart and Dudman strongly urged allowing “likes” and “comments”, otherwise it is too limiting.  Facebook is social and people, especially younger people, like to feel a part of it by interacting.  They contended if it doesn’t work, the policy can be changed, and noted the Police and Fire Departments allow both.  Treasurer Mahar interjected those Departments also have policies governing use.  Town Manager Lunt spoke from his knowledge gained through various social media trainings.  Towns must adhere to a higher standard than nonprofits or businesses, especially regarding censorship.  He said his concern is not with negative comments, but with non-truths that lead to violations of free speech rights.  Every training he has attended points toward being very cautious.

VOTE:  The vote was in favor, 3-2 with Selectmen Dudman and Hart voting against.

IX.     New Business, continued
A.      Town Office Closure for Christmas Luncheon December 12

MOTION: Selectman Dudman moved, seconded by Selectman Richardson, to authorize the Town Office closure noon to 1:30 p.m. for a Christmas Luncheon December 12, 2014.  The vote was unanimous in favor, 5-0.

B.      Fuel Oil Bids
Board requested the Town Manager to ask the Superintendent’s office if it plans to rebid due to the current lower cost of oil.

MOTION: Selectman Shubert moved, seconded by Selectman Hart, to provisionally award the 2015 – 2016 heating oil fuel bid to Acadia Fuel, LLC at $2.65/gallon pending the decision from the Superintendent’s office to rebid.  The vote was in favor, 4-1 with Selectman Richardson voting against.

D.      Such other business as may be legally conducted
None presented.

X.      Treasurer’s Warrants
A.      Approve & Sign Treasurer’s Warrants AP1534 & AP1535 in the amount of $246,546.74 & $14,992.55, respectively
B.      Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants PR1521, PR1522, AP1532, & AP1533 in the amounts of $43,082.59, $47,390.82, $4,385.75, & $61,573.46, respectively
C.      Acknowledge Treasurer’s School Board Payroll Warrant 11 in the amount of $149,587.17

MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $567,559.08.  The vote was unanimous in favor, 5-0.

XI.     Executive Session
A.      Pursuant to 1MRSA§405 (6)(A) Personnel Matters, Town Manager Annual Evaluation

MOTION:  At 7:45 p.m., Selectman Richardson moved, seconded by Selectman Hart, to enter into Executive Session pursuant to 1MRSA§405 (6)(A) Personnel Matters, Town Manager Annual Evaluation.  The vote was unanimous in favor, 5-0.

MOTION:  At 8:47 p.m., Selectman Shubert moved, seconded by Selectman Dudman, to end the Executive Session.  The vote was unanimous in favor, 5-0.

XII.    Adjournment

MOTION:  At 8:48 p.m., Selectman Shubert moved, seconded by Selectman Dudman, to adjourn the meeting.  The vote was unanimous in favor, 5-0.


Respectfully submitted,



Matthew J. Hart,
Secretary